Abortion

thumbs_down_icon.jpgHB314/SB211 - Abortion, make abortion a Class A felony and attempted abortion a Class C felony

Sponsor(s):
 HB314:
Representatives Collins, Rowe, Mooney, Wilcox, Estes, Lipscomb, Isbell, Ellis, Lee, Allen, Faust, Brown (K), Pettus, Greer, Kiel, Nordgren, Reynolds, Drake, Wood (R), Ball, Fridy, Rich, Ingram, Shiver, Wood (D), Simpson, Kitchens, Marques, Weaver, South, Faulkner, Shaver, Holmes, McMillan, Whorton, Farley, Hurst, Standridge, Crawford, Sorrell, Brown (C), Robertson, Whitt, Moore (P), Wheeler, Carns, Oliver, Garrett, Sullivan, Gaston, Blackshear, Fincher, Wingo, Hill, Ledbetter, Baker, Dismukes, Stadthagen, Poole, Clouse, McCutcheon, Shedd, Sorrells, Pringle, Harbison, Hanes and Easterbrook
SB211: Senators Albritton, Roberts, Chambliss, Shelnutt, Barfoot, Williams, Chesteen, Sessions, Elliott, Holley and Gudger

Synopsis and Analysis:  This bill would make abortion and attempted abortion felony offenses except in cases where abortion is necessary in order to prevent a serious health risk to the unborn child's mother.

This bill would provide that a woman who receives an abortion will not be held criminally culpable or civilly liable for receiving the abortion.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

League Action and Justification: Oppose. The League of Women Voters believes that HB 314/SB211’s approach to the issue of abortion is wrong is several significant respects.
  • First, the bill criminalizes the practice of medicine and interjects the government into an inappropriate role in the patient-doctor relationship. It dictates how doctors should practice medicine and presumes that they require this level of direction. It is not unreasonable to conclude that in many situations whether a medical decision violates the law will turn on a series of facts, especially with respect to the medical emergency exception where definitions of “reasonable medical judgment” or “medical emergency” provide little reassurance to a doctor facing 10 years to life if a prosecutor disagrees with his or her judgment. Nor is the fact that the law provides in the case of a serious health risk to the mother that a second concurring physician opinion within 180 days after the abortion is prima facie evidence of a permitted procedure.
  • Additionally, the bill substitutes the government as the decision maker in situations that are best left to a woman, her pastor, her doctor, and her family - decisions that traditionally are best made in private without governmental interference.
  • The bill does not really protect life. There are no exceptions for incest or rape, thus requiring women to bear the children of their rapists. There is no removal of parental rights for rapists who produce children. This would mean that victims of rape or incest would have to fight their assailants for custody or visitation for the children that result from these horrific acts.
  • Once they are born, children in Alabama face significant challenges. In increasing numbers, they are born to moms who do not receive adequate pre-natal care, have low birth weight, and lack access to health care in rural areas. This aspect of the recent constitutional amendment regarding the sanctity of unborn life and the rights of unborn children is woefully unaddressed by the legislature.
  • Finally, HB 314/SB211 will cost the state of Alabama a significant amount of money at a time that it is struggling to meet its financial obligations. The bill’s sponsor has been quoted in the news media stating that the purpose of the bill is to invite litigation that will ultimately get to the Supreme Court. The State of Alabama will, therefore, be responsible for the cost of such litigation – an obligation that seems fiscally irresponsible.

LWVAL issued the statement as expressed above to all members of the Senate Committee on the Judiciary on May 7, 2019.

Bill Progress in Legislature

Go here to get more information about HB314 and changes in the bill as it progresses through the legislature.

Calendar Date
Body
Amd/Sub
Matter
Committee
Nay
Yea
Abstain
Vote
04/02/2019

H


Read for the first time and referred to the House of Representatives committee on Judiciary

JUDY

 
 
 
 

04/03/2019

H


Rereferred from Judy to Health

HLTH

 
 
 
 

04/18/2019

H


Read for the second time and placed on the calendar

 

 
 
 
 

04/30/2019

H


Third Reading Passed

 

 
 
 
 

04/30/2019

H

200209-1

Daniels Amendment Offered

 

 
 
 
 

04/30/2019

H


Collins motion to Table adopted Roll Call 422

 

 
 
 
Roll 422

04/30/2019

H

200202-1

Coleman Amendment Offered

 

 
 
 
 

04/30/2019

H


Collins motion to Table adopted Roll Call 423

 

 
 
 
Roll 423

04/30/2019

H


Scott intended to vote "Nay"

 

 
 
 
 

04/30/2019

H


Rogers motion to Carry Over to Day Certain lost Roll Call 424

 

 
 
 
Roll 424

04/30/2019

H


Motion to Read a Third Time and Pass adopted Roll Call 425

 

 
 
 
Roll 425

04/30/2019

H


Sells intended to vote "Yea"

 

 
 
 
 

05/02/2019

S


Read for the first time and referred to the Senate committee on Judiciary

JUDY

 
 
 
 

05/08/2019

S


Read for the second time and placed on the calendar 1 amendment

 

2
7
0
 

05/09/2019

S


Third Reading Carried Over to Call of the Chair

 

 
 
 
 

05/09/2019

S

200834-1

Judiciary Amendment Offered

 

 
 
 
 

05/09/2019

S


Chambliss motion to Table adopted Voice Vote

 

 
 
 

05/09/2019

S


Marsh motion to Carry Over to the Call of the Chair adopted Voice Vote

 

 
 
 

05/14/2019

S


Third Reading Passed

 

 
 
 
 

05/14/2019

S

201012-1

Figures Amendment Offered

 

 
 
 
 

05/14/2019

S


Figures motion to Adopt lost Roll Call 712

 

 
 
 
Roll 712

05/14/2019

S

201031-1

Figures Amendment Offered

 

 
 
 
 

05/14/2019

S


Figures motion to Adopt lost Roll Call 713

 

 
 
 
Roll 713

05/14/2019

S

201010-1

Figures Amendment Offered

 

 
 
 
 

05/14/2019

S


Figures motion to Adopt lost Roll Call 714

 

 
 
 
Roll 714

05/14/2019

S

201024-1

Coleman-Madison Amendment Offered

 

 
 
 
 

05/14/2019

S


Coleman-Madison motion to Adopt lost Roll Call 715

 

 
 
 
Roll 715

05/14/2019

S

201268-1

Smitherman Amendment Offered

 

 
 
 
 

05/14/2019

S


Smitherman motion to Adopt lost Roll Call 716

 

 
 
 
Roll 716

05/14/2019

S

201132-1

Singleton Amendment Offered

 

 
 
 
 

05/14/2019

S


Singleton motion to Adopt lost Roll Call 717

 

 
 
 
Roll 717

05/14/2019

S


Rules Committee Petition to Cease Debate adopted Roll Call 718

 

 
 
 
Roll 718

05/14/2019

S


Motion to Read a Third Time and Pass adopted Roll Call 719

 

 
 
 
Roll 719

05/14/2019

S


Chambliss motion to Reconsider and Table adopted Roll Call 720

 

 
 
 
Roll 720

05/14/2019

H


Passed Second House

 

 
 
 
 

05/14/2019

H


Enrolled

 

 
 
 
 

05/15/2019

S


Signature Requested

 

 
 
 
 

 

H


Delivered to Governor at 2:45 p.m. on May 15, 2019.

 

 
 
 
 

 

S

200834-1

Judiciary first Amendment Offered

 

 
 
 
 


"Alabama governor signs near-total abortion ban into law"
https://www.apnews.com/7a47ddc761dc4b72a017b0836da3a87b

Go here to get more information about SB211 and changes in the bill as it progresses through the legislature.

Calendar Date
Body
Amd/Sub
Matter
Committee
Nay
Yea
Abstain
Vote
04/02/2019

S


Read for the first time and referred to the Senate committee on Judiciary

JUDY

 
 
 
 


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