Alabama Pregnancy Criminalization Law (SB 26)

This law was last updated on Apr 25, 2016


State

Alabama

Number

SB 26

Status

Failed to Pass

Proposed

Aug 3, 2015

Topics

Fetal Homicide, Personhood, Substance Abuse During Pregnancy

Full Bill Text

alisondb.legislature.state.al.us

SB 26 would remove from the Alabama Code a provision which states that a person may not be prosecuted for conduct relating to an abortion if there is consent from the pregnant woman. The bill revises the definition of criminal homicide to include abortion, even if the woman consents. Under existing law, the definition of criminal homicide does not apply to a legal abortion.

The bill includes personhood language and defines “person” to mean a human being, including an “unborn child” in utero at any stage of development, regardless of viability.

This bill would permit, for example, the state to charge a woman who has an abortion with homicide and criminalizes prenatal drug and alcohol use.

As reported by Rewire:

SB 26, introduced earlier this month, would broadly define the conduct a person could be prosecuted for related to their pregnancy. “It is basically saying we’re going to go ahead and define every crime as something a pregnant person can commit against their own fetus and that includes abortion,” explained [Sarah] Ainsworth [director of legal advocacy at National Advocates for Pregnant Women (NAPW).] “That includes any kind of pregnancy outcome including refusing a c-section [and later miscarrying or experiencing a stillbirth] to falling down the stairs and losing your baby. That is going to be a homicide charge.”


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