Tennessee House Bill HB1440

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/23
• Refer: 2/2/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 37; Title 38; Title 39; Title 56; Title 63; Title 68 and Title 71, relative to abortion.

Summary

House Bill 1440 aims to amend several titles within the Tennessee Code, specifically concerning the legality of abortion in instances of aggravated rape, rape, incest, and related offenses. The bill introduces stricter regulations surrounding when an abortion can be performed, declaring any abortion outside of these exceptions as a 'criminal abortion', classified as a Class C felony. The intent behind this legislation is to tighten restrictions on abortion and ensure that it is only permitted under very specific and serious circumstances, thereby impacting the legal structure surrounding reproductive rights in the state. One notable adjustment in HB1440 is the requirement for physicians to confirm that the patient has reported the sexual offense to law enforcement or a rape crisis center. Additionally, a forensic medical examination must be submitted for use in investigations, which emphasizes the legal intersection of reproductive healthcare and criminal law. Under these new requirements, physicians must also ensure that fetal tissue from the abortion is preserved for potential legal proceedings, positioning the bill to potentially complicate medical practices regarding abortion. The bill has generated significant debate surrounding the implications of requiring law enforcement involvement in medical decisions related to sensitive health matters. Proponents argue that such measures are essential for accountability and to ensure that abortions are not performed solely on the basis of false reporting of sexual crimes. Critics, on the other hand, express concern that the bill could dissuade victims of sexual assault from seeking necessary medical care, given the added legal scrutiny and requirements associated with abortion procedures. Overall, the impact of HB1440 is poised to reshape the legal landscape for reproductive rights in Tennessee, creating a more stringent environment around abortion access. This bill reflects the ongoing national debate surrounding reproductive health laws and personal rights, raising pertinent questions about the balance of legal authority, patient privacy, and the healthcare framework.