HB491 Alabama 2019 Session

Summary

Primary Sponsor

Ginny ShaverRepresentative

Republican

Session

Regular Session 2019

Title

Abortion, physicians, duty of care owed to babies born alive after faild abortion, criminal penalties

Summary

HB 491, Gianna's Law, would require physicians to preserve the life of a child born alive after an abortion and create criminal penalties for failing to do so.

What This Bill Does

If a baby is born alive after an abortion or attempted abortion in an abortion/reproductive health center, the physician must exercise the same care to preserve the child's life as for any other newborn. Failure to preserve the life of a born-alive child would be a Class B felony, with at least 20 years in prison and a $100,000 fine. The Attorney General would enforce the law, fines go to the General Fund, and women cannot be held liable; there are reporting requirements for noncompliance with confidentiality. The act becomes law immediately after the governor's approval and is exempt from local-funding requirements because it creates a new crime.

Who It Affects

• Physicians who perform abortions in abortion or reproductive health centers: must provide the same standard of care to a born-alive infant and could face a Class B felony if they fail to do so.
• Living babies born alive after abortion in Alabama (and their rights): receive the same rights and protections as other live-born children and are entitled to appropriate medical care under the bill.

Key Provisions

• Known as Gianna's Law.
• Defines terms: born alive, abortion, abortion or reproductive health center, and related concepts.
• Requires a physician to exercise the same degree of professional skill, care, and diligence to preserve the life of a born-alive child as for any other child born alive at the same gestational age.
• Failure to preserve the life of a born-alive child is a Class B felony with at least 20 years in prison and a $100,000 fine.
• The Office of the Attorney General may enforce the provisions; fines go to the General Fund.
• A woman who undergoes abortion cannot be held liable; there are confidentiality protections for reporters of noncompliance.
• Applies only to physicians who perform abortions or attempted abortions in abortion/reproductive health centers.
• Does not create a new standard of care beyond existing medical liability laws and does not alter those laws.
• Exempt from Amendment 621 local-funding requirements because it creates a new crime.
• Effective immediately after the governor signs the bill.

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