Arkansas House Bill HB1174

Arkansas 2023 Regular Session

• Introduced: 1/19/23
• Refer: 1/19/23
• Failed: 5/1/23

Caption

To Add Protections For Unborn Children By Allowing Prosecution When A Person Causes The Death Of An Unborn Child; To Repeal Laws That May Allow A Person To Pressure A Pregnant Woman To Get An Abortion; And To Declare An Emergency.

Impact

The enactment of HB 1174 would amend existing laws to define 'unborn child' as a person under the Arkansas Criminal Code, fundamentally changing how unborn lives are regarded legally. It also introduces a wrongful death cause of action that could be invoked when an unborn child's death can be traced back to wrongful acts. However, this bill would not apply retroactively and is intended to be prospective, meaning it would not affect actions taken before its effective date. The bill also clarifies exceptions to prosecutions, such as those related to legal abortions or medical procedures that unintentionally result in the unborn child's death.

Summary

House Bill 1174 seeks to strengthen legal protections for unborn children by establishing grounds for prosecution when a person's actions lead to the death of an unborn child. The bill emphasizes that these protections are intended to align with the state homicide laws, ensuring that unborn children are recognized as persons from the moment of fertilization. Furthermore, the legislation aims to repeal existing laws that allow individuals to solicit or coerce a pregnant woman to terminate her pregnancy, thus fostering an environment that supports the right to life for unborn children.

Sentiment

Discussions around HB 1174 have revealed a largely polarized sentiment. Proponents, including conservatives and pro-life advocates, argue that this bill is a necessary step toward reinforcing the rights of unborn children and ensuring that all lives are treated with equal dignity under the law. Conversely, opponents raise concerns about the implications for women's rights and healthcare, fearing that it could lead to increased legal vulnerabilities for women facing complex medical decisions regarding their pregnancies. This tension encapsulates a broader societal debate on reproductive rights and the definition of life.

Contention

Controversy surrounding HB 1174 centers on the potential legal ramifications for women and healthcare providers, especially regarding how the law may inadvertently criminalize certain medical practices or penalize women facing tragic pregnancy outcomes. Critics argue that redefining unborn children as people under the law may lead to prosecutorial overreach or unintentional consequences that could undermine the autonomy of pregnant women. The debate reflects wider societal divides over abortion, women's health rights, and moral considerations surrounding pregnancy and early life.