HB23 Alabama 2022 Session

Summary

Primary Sponsor

Jamie Kiel Representative

Republican

Session

Regular Session 2022

Title

Abortion, prohibited, civil cause of action to enforce authorized against anyone who performs or aids and abets an abortion procedure

Description

Under existing law, it is unlawful for any person to intentionally perform or attempt to perform an abortion except where a medical emergency exists.

This bill would prohibit a physician from performing an abortion if a fetal heart beat has been detected or if no test for a fetal heartbeat has been performed, except in circumstances where a medical emergency exists.

This bill would provide a private cause of action for enforcement of this act by any person who performs or induces an abortion or who knowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing costs of an abortion.

This bill would provide injunctive relief and provide damages in an amount of not less than $10,000 for each abortion performed or induced and attorneys' fees.

This bill would provide that a defendant against whom a civil action is brought does not have standing to assert the rights of women seeking an abortion as a defense to liability, with certain exceptions based on federal case law.

This bill would prohibit a court from allowing, in certain circumstances, as an affirmative defense to a cause of action, that a woman seeking an abortion faces an undue burden.

This bill would also provide that any person who seeks declaratory or injunctive relief to prevent this state from enforcing any law that restricts abortion or that limits taxpayer funding of abortions is jointly and severally liable to pay costs and attorneys' fees of the prevailing party.

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Subjects

Abortion