Stricken language would be deleted from and underlined language would be added to present law.
Act 973 of the Regular Session
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State of Arkansas As Engrossed: S4/9/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 591 3
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By: Senator C. Penzo 5
By: Representative K. Brown 6
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For An Act To Be Entitled 8
AN ACT TO PROHIBIT RACE-SELECTION ABORTION IN THIS 9
STATE; TO CREATE THE RACE DISCRIMINATION BY ABORTION 10
PROHIBITION ACT; AND FOR OTHER PURPOSES. 11
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Subtitle 14
TO PROHIBIT RACE-SELECTION ABORTION IN 15
THIS STATE; AND TO CREATE THE RACE 16
DISCRIMINATION BY ABORTION PROHIBITION 17
ACT. 18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
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SECTION 1. Arkansas Code Title 20, Chapter 16, is amended to add an 22
additional subchapter to read as follows: 23
Subchapter 26 — Race Discrimination by Abortion Prohibition Act 24
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20-16-2601. Title. 26
This subchapter shall be known and may be cited as the “Race 27
Discrimination by Abortion Prohibition Act”. 28
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20-16-2602. Definitions. 30
As used in this subchapter: 31
(1)(A) “Abortion” means the act of using or prescribing any 32
instrument, medicine, drug, or any other substance, device, or means with the 33
intent to terminate the clinically diagnosable pregnancy of a woman, with 34
knowledge that the termination by any of those means will with reasonable 35
likelihood cause the death of the unborn child. 36 As Engrossed: S4/9/25 SB591
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(B) An act under subdivision (1)(A) of this section is not 1
an abortion if the act is performed with the intent to: 2
(i) Save the life or preserve the health of the 3
unborn child or the pregnant woman; 4
(ii) Remove a dead unborn child caused by spontaneous 5
abortion; or 6
(iii) Remove an ectopic pregnancy; 7
(2) “Incompetent” means an individual who has been adjudicated 8
as an individual with a disability and has had a guardian appointed for her; 9
(3) “Minor” means an individual under eighteen (18) years of 10
age; 11
(4) “Physician” means a person licensed to practice medicine in 12
this state, including a medical doctor and a doctor of osteopathy; 13
(5) “Race-selection abortion” means an abortion performed solely 14
on the basis of the race of the unborn child; 15
(6) “Unborn child” means the offspring of human beings from 16
conception until birth; and 17
(7) “Viability” means the state of fetal development when, in 18
the judgment of the physician based on the particular facts of the case 19
before him or her and in light of the most advanced medical technology and 20
information available to him or her, there is a reasonable likelihood of 21
sustained survival of the unborn child outside the body of the mother, with 22
or without artificial life support. 23
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20-16-2603. Prohibition — Race-selection abortion. 25
(a) A physician or other person shall not intentionally perform or 26
attempt to perform an abortion with the knowledge that the pregnant woman is 27
seeking the abortion solely on the basis of the race of the unborn child. 28
(b) Before performing an abortion, the physician or other person who 29
is performing the abortion shall: 30
(1)(A) Ask the pregnant woman if she knows the race of the 31
unborn child. 32
(B) If the pregnant woman knows the race of the unborn 33
child, the physician or other person who is performing the abortion shall 34
inform the pregnant woman of the prohibition of abortion as a method of race 35
selection for children; and 36 As Engrossed: S4/9/25 SB591
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(2)(A) Request the medical records of the pregnant woman 1
relating directly to the entire pregnancy history of the woman. 2
(B) An abortion shall not be performed until reasonable 3
time and effort is spent to obtain the medical records of the pregnant woman 4
as described in subdivision (b)(2)(A) of this section. 5
(c) If this section is held invalid as applied to the period of 6
pregnancy prior to viability, then the section shall remain applicable to the 7
period of pregnancy subsequent to viability. 8
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20-16-2604. Criminal penalties. 10
A physician or other person who knowingly performs or attempts to 11
perform an abortion prohibited by this subchapter is guilty of a Class A 12
misdemeanor. 13
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20-16-2605. Civil penalties and professional sanctions. 15
(a)(1) A physician or other person who knowingly violates this 16
subchapter is liable for damages and shall have his or her medical license 17
suspended or revoked as applicable. 18
(2) The physician or other person may also be enjoined from 19
future acts prohibited by this subchapter. 20
(b)(1) A woman who receives an abortion in violation of this 21
subchapter without being informed of the prohibition of abortion as a method 22
of race selection for children, the parent or legal guardian of the woman if 23
the woman is a minor who is not emancipated, or the legal guardian of the 24
woman if the woman has been adjudicated incompetent, may commence a civil 25
action for any reckless violation of this subchapter and may seek both actual 26
and punitive damages. 27
(2) Damages may include without limitation: 28
(A) Money damages for all psychological and physical 29
injuries occasioned by the violation of this subchapter; and 30
(B) Statutory damages equal to ten (10) times the cost of 31
the abortion performed in violation of this subchapter. 32
(c) A physician or other person who performs an abortion in violation 33
of this subchapter shall be considered to have engaged in unprofessional 34
conduct for which his or her license to provide healthcare services in this 35
state shall be suspended or revoked by the Arkansas State Medical Board. 36 As Engrossed: S4/9/25 SB591
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(d)(1) A cause of action for injunctive relief against any physician 1
or other person who has knowingly violated this subchapter may be maintained 2
by: 3
(A) A person who is the spouse, parent, guardian, or 4
current or former licensed healthcare provider of the woman who receives or 5
attempts to receive an abortion in violation of this subchapter; or 6
(B) The Attorney General. 7
(2) The injunction shall prevent the physician or other person 8
from performing further abortions in violation of this subchapter. 9
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20-16-2606. Exclusion of liability for a woman who undergoes 11
prohibited abortion. 12
(a) A woman who receives or attempts to receive an abortion in 13
violation of this subchapter shall not be prosecuted under this subchapter 14
for conspiracy to violate this subchapter or otherwise be held criminally or 15
civilly liable for any violation. 16
(b) In a criminal proceeding or action brought under this subchapter, 17
a woman who receives or attempts to receive an abortion in violation of this 18
subchapter is entitled to all rights, protections, and notifications afforded 19
to crime victims. 20
(c)(1) In a civil proceeding or action brought under this subchapter, 21
the anonymity of the woman who receives or attempts to receive the abortion 22
in violation of this subchapter shall be preserved from public disclosure 23
unless she gives her consent to disclosure. 24
(2) A court of competent jurisdiction, upon motion or sua 25
sponte, shall issue orders to the parties, witnesses, and counsel and direct 26
the sealing of the record and exclusion of the individuals from the courtroom 27
or hearing room to the extent necessary to safeguard the identity of the 28
woman from public disclosure. 29
(3) In the absence of written consent of the woman who receives 30
or attempts to receive an abortion in violation of this subchapter, a person 31
who initiates a proceeding or action under § 20 -16-2605(b) or § 20-16-2605(d) 32
shall do so under a pseudonym. 33
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20-16-2607. Construction. 35
(a) This subchapter shall not be construed as creating or recognizing 36 As Engrossed: S4/9/25 SB591
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a right to abortion. 1
(b) It is not the intention of this subchapter to make lawful an 2
abortion that is currently unlawful. 3
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20-16-2608. Right of intervention. 5
The General Assembly by joint resolution may appoint one (1) or more of 6
its members who sponsored or cosponsored this subchapter in his or her 7
official capacity to intervene as a matter of right in any case in which the 8
constitutionality of this law is challenged. 9
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SECTION 2. Contingent effective date. 11
This act shall become effective only upon the certification by the 12
Attorney General that: 13
(1) The State of Arkansas is enjoined from preventing a person 14
from purposely performing or attempting to perform an abortion except to save 15
the life of a pregnant woman in a medical emergency under Arkansas Human Life 16
Protection Act, § 5-61-301 et seq., or the Arkansas Unborn Child Protection 17
Act, § 5-61-401 et seq.; or 18
(2) The Arkansas Human Life Protection Act, § 5 -61-301 et seq., 19
or the Arkansas Unborn Child Protection Act, § 5 -61-401 et seq., have been 20
repealed or amended in whole or in part to allow a person to purposely 21
perform or attempt to perform an abortion except to save the life of a 22
pregnant woman in a medical emergency. 23
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/s/C. Penzo 25
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APPROVED: 4/22/25 28
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