1 | 1 | | |
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2 | 2 | | HOUSE BILL 26 |
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3 | 3 | | By Bulso |
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4 | 4 | | |
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5 | 5 | | SENATE BILL 194 |
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6 | 6 | | By Hensley |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | SB0194 |
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10 | 10 | | 000534 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 29; |
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14 | 14 | | Title 39, Chapter 15, Part 2; Title 53; Title 63 and |
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15 | 15 | | Title 68, relative to the Unborn Child Protection Act |
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16 | 16 | | of 2025. |
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17 | 17 | | |
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18 | 18 | | WHEREAS, the General Assembly finds that: |
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19 | 19 | | (1) Human life begins at fertilization; |
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20 | 20 | | (2) An unborn child is entitled to the full and equal protection of the laws that |
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21 | 21 | | prohibit violence against any other person; |
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22 | 22 | | (3) It is a federal crime, prohibited by 18 U.S.C. § 1461, to mail abortion pills or |
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23 | 23 | | to receive abortion pills in the mail. Such conduct is punishable by imprisonment for five |
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24 | 24 | | years; |
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25 | 25 | | (4) It is also a federal crime, prohibited by 18 U.S.C. § 1462(c), to transport |
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26 | 26 | | abortion pills in interstate or foreign commerce; |
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27 | 27 | | (5) These statutes are fully enforceable now that Roe v. Wade, 410 U.S. 113 |
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28 | 28 | | (1973), has been overruled, and the statute of limitations for each of these crimes is five |
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29 | 29 | | years; and |
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30 | 30 | | (6) Violations of 18 U.S.C. § 1461–1462 are predicate offenses under the federal |
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31 | 31 | | Racketeer Influenced and Corrupt Organizations Act (RICO), which exposes abortion-pill |
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32 | 32 | | distribution networks and their donors to civil RICO liability as well as criminal |
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33 | 33 | | prosecution as a racketeering enterprise under both state and federal law; now, |
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34 | 34 | | therefore, |
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35 | 35 | | BE IT ENACTED BY THE GENERAL ASSE MBLY OF THE STATE OF TENNESSEE: |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | - 2 - 000534 |
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39 | 39 | | |
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40 | 40 | | SECTION 1. Tennessee Code Annotated, Title 29, Chapter 34, Part 2, is amended by |
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41 | 41 | | adding the following new section: |
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42 | 42 | | (a) This section is known and may be cited as the "Unborn Child Protection Act |
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43 | 43 | | of 2025." |
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44 | 44 | | (b) A person or entity, including, but not limited to, a manufacturer, distributor, |
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45 | 45 | | seller, or reseller, of an abortion-inducing drug shall not mail or deliver an abortion- |
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46 | 46 | | inducing drug into this state. |
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47 | 47 | | (c) As used in this section, "abortion-inducing drug": |
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48 | 48 | | (1) Means a drug or medication that is intended to be used, and is used, |
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49 | 49 | | to terminate the life of an unborn child; |
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50 | 50 | | (2) Includes mifepristone, misoprostol, mifeprex (RU-486), when |
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51 | 51 | | possessed or distributed for the purpose of terminating the life of an unborn child; |
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52 | 52 | | and |
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53 | 53 | | (3) Does not include a drug or medication that is possessed or distributed |
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54 | 54 | | for a purpose that does not include the termination of the life of an unborn child, |
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55 | 55 | | such as misoprostol that is possessed or distributed for the purpose of treating a |
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56 | 56 | | stomach ulcer. |
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57 | 57 | | (d) Notwithstanding another law to the contrary, a person or entity who mails or |
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58 | 58 | | delivers an abortion-inducing drug into this state and the mailing or delivery results in the |
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59 | 59 | | death of an unborn child is strictly liable in the amount of five million dollars ($5,000,000) |
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60 | 60 | | in damages for the death of the unborn child. |
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61 | 61 | | (e) Any action brought to recover such damages must proceed as provided in § |
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62 | 62 | | 20-5-106. |
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63 | 63 | | (f) An action brought pursuant to subsection (d) must be commenced within five |
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64 | 64 | | (5) years of the death of the unborn child. |
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65 | 65 | | |
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66 | 66 | | |
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67 | 67 | | - 3 - 000534 |
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68 | 68 | | |
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69 | 69 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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