Alabama 2022 Regular Session

Alabama House Bill HB295

Introduced
2/8/22  

Caption

Abortion, fetal heartbeat; prohibits abortion if fetal heartbeat detected; private cause of action authorized.

Impact

The legislation would introduce a private civil right of action, allowing individuals to sue anyone who performs or aids in an abortion after a heartbeat is detected, including doctors and individuals who assist financially. The damages awarded in this case include a minimum of $10,000 for each abortion performed in violation of the act, which raises ethical concerns regarding the motivations behind such lawsuits. Supporters argue this approach empowers citizens to enforce the law, while critics contend that it could lead to harassment of abortion providers and those seeking abortions, fundamentally threatening reproductive rights in the state.

Summary

House Bill 295, also known as the Alabama Heartbeat Act, seeks to regulate abortions based on the detection of a fetal heartbeat. The bill mandates that once a fetal heartbeat is detected, typically around the sixth week of pregnancy, an abortion cannot be performed unless it falls under the criteria of a medical emergency. This provision is a significant shift in how abortion rights are legislated in Alabama, aligning state law with the heartbeat bill movement gaining traction in various parts of the United States. Additionally, the bill stipulates that there can be no testing for a fetal heartbeat without performing the necessary medical examinations as described in the bill's provisions.

Contention

One notable point of contention regarding HB 295 is the shift towards privatizing enforcement, bypassing traditional state mechanisms. Critics argue this may lead to an environment where abortion providers face constant threats of litigation, undermining their ability to serve patients. Furthermore, the law contains stipulations that prevent defendants from asserting defenses based on the rights of women seeking abortions, effectively complicating the legal landscape for both providers and patients alike. The potential for severe legal consequences, alongside the enshrined civil actions against those involved in abortions, raises significant constitutional questions, particularly in relation to the precedents set by Supreme Court cases like Roe v. Wade.

Companion Bills

No companion bills found.

Previously Filed As

AL HB611

Abortion producing drug; prohibitions provided relating to access to abortion producing drugs via the internet or other information technology systems, Attorney General authorized to enforce, civil cause of action created, criminal penalties provided

AL HB90

Abortion; authorized to preserve health of mother or if pregnancy result of rape or incest; man convicted of rape or incest required to pay for abortion and undergo vasectomy; mother of unborn child who undergoes abortion to preserve her health authorized to petition to require father of unborn child to pay for certain abortion costs; judge authorized to excuse father from payment if he undergoes vasectomy

AL HB50

Abortion; authorized to preserve health of mother or if pregnancy result of rape or incest; man convicted of rape or incest required to pay for abortion and undergo vasectomy; mother of unborn child who undergoes abortion to preserve her health authorized to petition to require father of unborn child to pay for certain abortion costs; judge authorized to excuse father from payment if he undergoes vasectomy

AL HB80

Abortion; authorized to preserve health of mother; father of unborn child required to pay for certain abortion costs; district judge authorized to excuse father from payment if father undergoes vasectomy

AL HB378

Abortion, harboring or transporting of minor girl in order to obtain abortion prohibited in certain circumstances, criminal penalties and affirmative defense provided, certain civil remedies authorized

AL SB13

Abortion; right to make reproductive decisions, established; state prohibited from restricting abortion in certain circumstances

AL HB31

Abortion, rape and incest exceptions, provided

AL HB45

Abortion, provision providing misdemeanor to induce abortion, repealed

AL HB195

Public K-12 schools, sex education curriculum further provided for, sexual risk avoidance established as exclusive sex education curriculum, local boards of education prohibited from using services of org. that endorses other approaches to sex education, parent or guardian notice of sex ed curriculum required, cause of action for violations established

AL HB283

Data privacy, processing of data regulated, consumer actions related to data authorized

Similar Bills

AL HB23

Abortion, prohibited, civil cause of action to enforce authorized against anyone who performs or aids and abets an abortion procedure

AZ SB1339

Abortion; fetal heartbeat; civil action

AZ HB2483

Abortion; fetal heartbeat; civil action..

LA HB800

Enacts the Louisiana Heartbeat Act

TX SB8

Relating to abortion, including abortions after detection of an unborn child's heartbeat; authorizing a private civil right of action.

TX HB1515

Relating to abortion, including abortions after detection of an unborn child's heartbeat; authorizing a private civil right of action.

TX SB1647

Relating to information regarding perinatal palliative care, regulation of abortion, and the availability of certain defenses to prosecution for homicide and assault offenses; creating a criminal offense.

WV HB4049

Relating to abortions after detection of an unborn child’s heartbeat