SB363 Alabama 2016 Session

Summary

Primary Sponsor

Phillip W. Williams

Republican

Session

Regular Session 2016

Title

Abortion, Alabama Unborn Child Protection from Dismemberment Abortion Act, prohibits and punishes person performing unless necessary to prevent serious health risk to mother

Summary

SB363 would ban dismemberment abortions in Alabama unless needed to prevent a serious health risk to the mother, and it creates penalties, civil remedies, and protections for those involved.

What This Bill Does

The bill defines dismemberment abortion and makes it unlawful to perform or attempt one unless it is necessary to prevent a serious health risk to the mother. It allows a hearing before the State Board of Medical Examiners to decide if the procedure was necessary, can grant injunctions and civil damages against violators, and imposes criminal penalties. It also shields the woman and some staff from liability, provides anonymity protections in court, and states that the bill does not create a right to abortion; it includes provisions about local funding exemptions and when the act becomes effective.

Who It Affects

• Physicians and other health care workers who perform or assist with dismemberment abortions; they could face criminal penalties, potential civil damages, and administrative review (hearing before the State Board of Medical Examiners).
• Women who have had a dismemberment abortion or who have one attempted; they are protected from liability for the abortion, may be plaintiffs in injunctive or civil actions, and may have their identities kept confidential in court proceedings.

Key Provisions

• Defines abortion, dismemberment abortion, attempt to perform an abortion, physician, and 'serious health risk to the unborn child's mother.'
• Prohibits purposely performing or attempting a dismemberment abortion unless necessary to prevent a serious health risk to the mother; allows a hearing before the State Board of Medical Examiners to determine necessity, with findings admissible at trial and up to 30 days for a hearing.
• Notwithstanding other law, provides that a woman or certain staff are not liable for performing or attempting a dismemberment abortion; does not prevent abortion by other methods.
• Allows injunctive relief and civil damages against violators, with damages including medical injuries and statutory damages equal to three times the cost of the abortion; permits attorney fees in some cases.
• Sets criminal penalties: $10,000 fine or up to two years in prison, or both; requires anonymity protections in court for a woman's identity when appropriate; allows pseudonyms for plaintiffs absent consent.
• Affirms no right to abortion and includes a local-funding provision to exempt the bill from certain constitutional restrictions because it creates or changes a crime; specifies effective date following governor's 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