SB26 Alabama 2015 1st Special Session

Summary

Primary Sponsor

Gerald O. Dial

Republican

Session

First Special Session 2015

Title

Abortion, definition of person, removing provision that a person may not be prosecuted for conduct relating to an abortion, Sec. 13A-6-1 am'd.

Summary

SB26 would treat unborn children as persons for certain crimes and remove immunity from prosecuting abortion-related conduct, while keeping abortions legal only when allowed by law.

What This Bill Does

It defines an unborn child in the womb as a 'person' for the purposes of criminal homicide or assault. It removes the protection that previously prevented prosecution for abortion-related conduct when consent was given or implied, potentially allowing such acts to be prosecuted under homicide/assault laws. It also clarifies that the bill does not create new rights to abortion and that abortion remains legal only if authorized by existing law. Additionally, it notes an interaction with a constitutional rule about local funds, stating the bill is exempt from those funding requirements because it creates or changes a crime; it becomes effective on the first day of the third month after passage and governor approval.

Who It Affects

• Unborn children, who would be considered victims for homicide/assault cases at any stage of development.
• Pregnant women, who could face prosecution for abortion-related conduct if such conduct is not authorized by law.
• Physicians, clinics, and other health care providers who perform or assist with abortions, who could be subject to criminal charges under homicide/assault laws.
• Local government entities, which are noted as exempt from certain local-funding approval requirements due to the bill's status as a crime-related change.

Key Provisions

• Amends Section 13A-6-1 to define 'Person' as including an unborn child in utero at any stage of development for the purposes of criminal homicide or assault.
• Eliminates the protection that a person may not be prosecuted for conduct relating to an abortion where consent was obtained or implied, potentially allowing prosecution of abortion-related conduct.
• States that nothing in the act will be construed to make an abortion legal unless it is authorized by law, preserving existing legal limits on abortion.
• Notes that the bill interacts with Amendment 621 (local funds requirement) and is exempt from those requirements because it defines a new crime or amends an existing crime; it becomes effective on the first day of the third month after passage and governor approval.

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

Subjects

Abortion