Texas Senate Bill SB391

Texas 2021 - 87th Regular

Caption

Relating to prohibition of abortion; providing a civil penalty; creating a criminal offense.

Impact

The implications of SB391 extend significantly into the health and legal landscape of Texas. By prohibiting abortions under most circumstances, the bill aligns with recent moves across several states to limit abortion access following changes in federal legal precedents regarding abortion rights. The bill prescribes severe penalties for those violating its provisions, including civil penalties of no less than $100,000 per violation and the revocation of medical licenses for offending practitioners. This creates an environment where physicians may be deterred from providing necessary reproductive health services out of fear of penalties, irrespective of patient needs.

Summary

Senate Bill 391, known as the Human Life Protection Act of 2021, primarily focuses on prohibiting the performance of abortions in the state of Texas. It stipulates that no person may knowingly perform, induce, or attempt an abortion, establishing a stringent legal framework around the issue. The bill includes specific provisions and exceptions under which an abortion may be performed, predominantly targeted at scenarios where a pregnant woman's life is at risk or where serious health complications arise as a result of the pregnancy. These medical exceptions, however, are tightly controlled and necessitate that the acting physician exercises 'reasonable medical judgment'.

Contention

Notably, SB391 has sparked considerable debate regarding women's rights and health care autonomy. Supporters argue that the bill protects unborn lives and enforces moral standards regarding reproductive health, emphasizing the significance of the unborn child from fertilization. Meanwhile, critics argue that such legislation strips women of personal agency and imposes significant risks on their health, particularly in situations involving medical emergencies. They express fears that the provisions outlined in the bill may limit access to safe medical care and set the stage for potential legal repercussions that discourage healthcare providers from acting in the best interest of their patients.