HB40 Alabama 2010 Session

Summary

Primary Sponsor

Robert Bentley

Republican

Session

Regular Session 2010

Title

Abortion prohibited except to preserve the life of a pregnant woman, or when rape or incest occurrs, penalties, const. amend.

Summary

A constitutional amendment would ban abortion in Alabama except in extreme medical emergencies or in cases of rape or incest, with a new felony penalty for others who perform or participate in abortions.

What This Bill Does

The bill would change the state constitution to prohibit almost all abortions, allowing them only when the mother's life is at risk or in rape/incest cases. Anyone other than the mother who causes or participates in an abortion would face a Class B felony. It sets up a statewide vote to approve or reject the amendment and requires a specific ballot description.

Who It Affects

• Pregnant individuals seeking an abortion would be limited to the defined exceptional circumstances (life-threatening pregnancy or rape/incest).
• Abortion providers and others who perform or participate in abortions would be charged with a Class B felony, while the mother would not be subject to that felony under the amendment.

Key Provisions

• Prohibits abortion except in extreme cases where the pregnancy threatens the mother's life or in cases of rape or incest.
• Any person other than the mother who causes or participates in the abortion of an unborn child would be guilty of a Class B felony.
• An election would be held to decide whether to adopt the amendment, with a ballot description and standard voting procedures.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments