Alabama 2025 Regular Session

Alabama House Bill HB518

Introduced
4/3/25  

Caption

Unborn children; defined from the moment of fertilization for purposes of certain criminal prosecution, prosecutions for murder and assault of unborn child authorized and further provided for, defense of duress authorized for woman charged with death of her own child

Impact

The bill seeks to amend sections of the Code of Alabama to remove previous exemptions that shielded expectant mothers and health care providers from liability in instances of abortion or medical interventions. This change has raised significant concerns among opponents who argue that it could lead to unjust prosecutions of women for actions that result in miscarriage or other pregnancy-related complications. The legislation is framed as a means of upholding the sanctity of life from the moment of fertilization, reflecting a broader trend toward heightened protections for unborn children in various states.

Summary

House Bill 518, known as the Prenatal Equal Protection Act, introduces significant changes to the prosecution of homicide and assault concerning unborn children. Notably, this bill authorizes the prosecution for these crimes from the moment of fertilization, which marks a shift in legal definitions regarding when an unborn child is recognized as a separate entity under the law. It seeks to align the legal status of unborn children more closely with that of born individuals, thereby expanding legal protections and facilitating prosecution for actions deemed harmful to unborn children.

Contention

One of the notable points of contention is the provision that allows for prosecution in cases involving the mother's actions that result in harm to her unborn child. This includes the removal of protections for women under circumstances where their decisions regarding pregnancy may have grave legal implications. Critics, including various women's rights advocates, fear that this legislation could discourage women from seeking necessary medical care during pregnancy for fear of legal repercussions. The introduction of a duress defense for mothers charged with homicide against their unborn children adds another layer of complexity, potentially complicating legal interpretations and societal views on pregnancy and maternal rights.

Companion Bills

No companion bills found.

Previously Filed As

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 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 HB240

Extrauterine embryo not an unborn life and unborn child; Constitutional Amendment

AL HB168

Crimes & Offenses, raises max. age for offenses involving obscene materials with depictions of children, authorizes punitive damages for victims of those offenses, and directs Board of Ed. to require policies related to those offenses

AL HB363

Crimes and offenses; murder and manslaughter further provided for

AL HB104

Crimes and offenses, further provides for the definition of "sexual conduct"

AL HB202

Civil Procedure; attorney fees and damages authorized for protected class of workers assaulted while performing their official job duties

AL HB28

Crimes and offenses; murder further provided for; exceptions provided, penalties revised

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 HB32

Crimes and offenses, to further provide for the crime of murder, create exception, penalties revised

Similar Bills

WV HB2784

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IN SB0165

Noncompliant prosecutor.

IN SB0148

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IN SB0284

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IN HB1371

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IN HB1215

Miami County deputy prosecuting attorney.

IN HB1217

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NJ A4157

Establishes Inmate Prosecution Unit in DLPS.