HB248 Alabama 2020 Session

Summary

Primary Sponsor

Ginny ShaverRepresentative

Republican

Session

Regular Session 2020

Title

Abortion, physicians, duty of care owed to babies born alive after failed abortion, criminal penalties, definitions further provided

Summary

HB248, known as Gianna's Law, would require doctors at abortion centers to preserve the life of a baby born alive after an abortion and create criminal penalties if they fail to do so.

What This Bill Does

The bill defines key terms (born alive, abortion, abortion center, physician) and says a living child born alive after an abortion has the same rights as any other child born alive. It requires the abortion-performing physician to provide the same high level of care to the born-alive child as would be given to any other child of the same gestational age, with a felony penalty if they fail. Enforcement would be handled by the Attorney General, and any fines go to the General Fund. Women who have abortions are not liable, and the provisions apply only to physicians who perform abortions in abortion centers.

Who It Affects

• Physicians who perform abortions in abortion or reproductive health centers, who would face felony penalties (minimum 20 years in prison and at least $100,000 fine) for failing to preserve a child born alive.
• Living children born alive after an abortion (and their families), who would have the same rights and standard of care as other born-alive children; and women seeking abortions would not be held liable.

Key Provisions

• Defines terms: abortion, abortion center, born alive, lethal anomaly, and physician.
• Requires a physician to exercise the same degree of professional skill and care to preserve the life of a child born alive after abortion as for any other child at the same gestational age.
• Creates felony penalties (no less than 20 years in state prison and at least $100,000 fine) for violations; AG may bring enforcement actions; fines go to the General Fund.
• Prohibits holding the woman on whom the abortion is performed or attempted to be performed liable; requires reporting of knowledge of noncompliance with confidentiality protections.
• Applies only to physicians performing abortions in abortion or reproductive health centers; excludes other settings from these duties.
• Designated as Gianna's Law; provides that the bill, while it involves new or increased local expenditures, is exempt from local-government expenditure rules because it creates a new crime.
• Effective date set for the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Abortion