HB90INTRODUCED
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HB90
I2TJW66-1
By Representative Givan
RFD: Judiciary
First Read: 06-Feb-24
PFD: 05-Feb-24
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6 I2TJW66-1 02/02/2024 GP (L)lg 2024-497
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PFD: 05-Feb-24
SYNOPSIS:
Under existing law, abortion is prohibited
except to prevent a serious health risk to the unborn
child's mother.
This bill would authorize an abortion necessary
to preserve the life of the unborn child's mother.
This bill would authorize an abortion if the
pregnancy results from rape or incest.
This bill would require that, if an unborn
child's father is convicted of rape or incest, he must
pay for the abortion and related costs and undergo
either a vasectomy or castration, as determined by the
court.
This bill would authorize the mother of an
unborn child who undergoes an abortion to preserve her
life to petition the district court to require the
unborn child's father to pay for all medical expenses
related to the pregnancy and the abortion.
This bill would authorize a district court to
adjudicate paternity if an alleged father who is
required to pay expenses disputes paternity and would
provide for jurisdiction.
This bill would also authorize the father of an
unborn child who is required to pay expenses to
petition the district court for relief, and would
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petition the district court for relief, and would
authorize the district court to grant relief on the
condition that the father undergoes a vasectomy.
A BILL
TO BE ENTITLED
AN ACT
Relating to abortion; to amend Sections 26-23H-3 and
26-23H-4, Code of Alabama 1975; to add Section 26-23H-4.1 to
the Code of Alabama 1975; to authorize an abortion to preserve
the life of the unborn child's mother or if a pregnancy
results from rape or incest; to require an unborn child's
father who is convicted of rape or incest to pay for any
associated abortion and undergo a vasectomy or castration; to
authorize a mother who undergoes an abortion to preserve her
life to petition the court to require the unborn child's
father to pay for all medical expenses related to the
pregnancy and the abortion; to provide the unborn child's
father may be granted relief if he undergoes a vasectomy; to
authorize a district court to adjudicate disputed paternity;
and to provide for jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 26-23H-3 and 26-23H-4, Code of
Alabama 1975, are amended to read as follows: FIX THIS
"§26-23H-3
As used in this chapter, the following terms shall have
the following meanings:
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the following meanings:
(1) ABORTION. The use or prescription of any
instrument, medicine, drug, or any other substance or device
with the intent to terminate the pregnancy of a woman known to
be pregnant with knowledge that the termination by those means
will with reasonable likelihood cause the death of the unborn
child. The term does not include these activities if done with
the intent to save the life or preserve the health of an
unborn child, remove a dead unborn child, to deliver the
unborn child prematurely to avoid a serious health risk to
preserve the health of the unborn child's mother, or to
preserve the health of her unborn child. The term does not
include a procedure or act to terminate the pregnancy of a
woman with an ectopic pregnancy, nor does it include the
procedure or act to terminate the pregnancy of a woman when
the unborn child has a lethal anomaly.
(2) ECTOPIC PREGNANCY. Any pregnancy resulting from
either a fertilized egg that has implanted or attached outside
the uterus or a fertilized egg implanted inside the cornu of
the uterus.
(3) LETHAL ANOMALY. A condition from which an unborn
child would die after birth or shortly thereafter or be
stillborn.
(4) MAN. A male human being, whether or not he has
reached the age of majority.
(4)(5) MEDICAL EMERGENCY. A condition which, in
reasonable medical judgment, so complicates the medical
condition of the pregnant woman that her pregnancy must be
terminated to avoid a serious health risk as defined in this
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terminated to avoid a serious health risk as defined in this
chapter.
(5)(6) PHYSICIAN. A person licensed to practice
medicine and surgery or osteopathic medicine and surgery in
Alabama.
(6) SERIOUS HEALTH RISK TO THE UNBORN CHILD'S MOTHER.
In reasonable medical judgment, the child's mother has a
condition that so complicates her medical condition that it
necessitates the termination of her pregnancy to avert her
death or to avert serious risk of substantial physical
impairment of a major bodily function. This term does not
include a condition based on a claim that the woman is
suffering from an emotional condition or a mental illness
which will cause her to engage in conduct that intends to
result in her death or the death of her unborn child. However,
the condition may exist if a second physician who is licensed
in Alabama as a psychiatrist, with a minimum of three years of
clinical experience, examines the woman and documents that the
woman has a diagnosed serious mental illness and because of
it, there is reasonable medical judgment that she will engage
in conduct that could result in her death or the death of her
unborn child. If the mental health diagnosis and likelihood of
conduct is confirmed as provided in this chapter, and it is
determined that a termination of her pregnancy is medically
necessary to avoid the conduct, the termination may be
performed and shall be only performed by a physician licensed
in Alabama in a hospital as defined in the Alabama
Administrative Code and to which he or she has admitting
privileges.
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privileges.
(7) UNBORN CHILD, CHILD, OR PERSON. A human being,
specifically including an unborn child in utero at any stage
of development, regardless of viability.
(8) WOMAN. A female human being, whether or not she has
reached the age of majority."
"§26-23H-4
(a) It shall be unlawful for any person to
intentionally perform or attempt to perform an abortion except
as provided for by subsection (b) or (c).
(b) An abortion shall be permitted if an attending
physician licensed in Alabama determines that an abortion is
necessary in order to prevent a serious health risk to
preserve the health of the unborn child's mother. Except in
the case of a medical emergency as defined hereinin this
section, the physician's determination shall be confirmed in
writing by a second physician licensed in Alabama. The
confirmation shall occur within 180 days after the abortion is
completed and shall be prima facie evidence for a permitted
abortion.
(c)(1) An abortion shall be permitted if the pregnancy
is the result of an act of rape or incest.
(2) If a man is convicted of rape or incest, the court
shall require him to: (i) pay for all medical expenses
associated with the resulting pregnancy and abortion; and (ii)
undergo either a vasectomy or castration. "
Section 2. Section 26-23H-4.1 is added to the Code of
Alabama 1975, to read as follows:
§26-23H-4.1
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§26-23H-4.1
(a) If an abortion is necessary to preserve the health
of an unborn child's mother pursuant to Section 26-23H-4, the
mother of the unborn child may petition the district court to
require the unborn child's father to pay for all medical
expenses associated with the pregnancy and the abortion
including, but not limited to, expenses associated with any
complications resulting from the pregnancy.
(b) A father required to pay for expenses pursuant to
subsection (a) may petition the district court for relief from
those requirements, provided that the father agrees to undergo
a vasectomy. A man required to undergo a vasectomy under this
subsection must provide the court with documentation of the
vasectomy.
(c) If a man required to pay for expenses pursuant to
subsection (a) disputes that he is the father of the unborn
child in question, he may petition the district court to
adjudicate paternity. If the court determines that the man is
the biological father of the unborn child, he must either pay
the expenses required by subsection (a) or petition for a
grant of relief pursuant to subsection (b).
(d)(1) Appropriate venue for a proceeding under this
section is the county in which the unborn child's alleged
father resides or in which the unborn child's mother resides.
(2) Court proceedings under this section shall be given
such precedence over other pending matters as is necessary to
ensure that the court may reach a decision promptly, but in no
case shall the court fail to rule within 48 hours of the time
the petition is filed, Saturdays, Sundays, and legal holidays
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the petition is filed, Saturdays, Sundays, and legal holidays
excluded.
Section 3. This act shall become effective on October
1, 2024.
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