HB295 Alabama 2022 Session

Summary

Primary Sponsor

Jamie KielRepresentative

Republican

Session

Regular Session 2022

Title

Abortion, fetal heartbeat; prohibits abortion if fetal heartbeat detected; private cause of action authorized.

Summary

HB295 would ban abortions after a fetal heartbeat is detected, require heartbeat testing, and create a private civil enforcement mechanism with damages and recordkeeping requirements.

What This Bill Does

The bill prohibits performing an abortion if a fetal heartbeat has been detected (or if heartbeat testing hasn’t been performed), except in medical emergencies. It creates a private civil action that allows people to sue anyone who performs, induces, or aids an abortion (including paying for one), with the possibility of injunctive relief and damages of at least $10,000 per abortion plus attorney fees. It requires physicians to determine heartbeat using tests appropriate for gestational age and to record details in the patient’s medical records, and it provides emergency-related exceptions and specific defenses. Enforcement is handled privately, not by the state, and the act includes various immunity, severability, and defense provisions.

Who It Affects

• Abortion providers and anyone who performs, induces, or aids an abortion (including those who pay for or reimburse abortion costs) — subject to private lawsuits, potential damages, and required heartbeat testing and recordkeeping.
• People or groups who sue to block abortion laws or taxpayer funding (such as anti-abortion advocates) — could be liable for court costs and attorney fees of the prevailing party in such suits, and must navigate immunity and defense provisions.

Key Provisions

• Prohibits abortion after the detection of a fetal heartbeat (or when a heartbeat test has not been performed), with medical emergency exceptions.
• Establishes a private civil right of action to enforce the act against those who perform, induce, or aid/abet an abortion, including paying for one; allows injunctive relief and damages of not less than $10,000 per abortion plus attorney fees.
• Defines heartbeat testing and requires physicians to determine heartbeat, use tests aligned with gestational age, and record gestational age, method, test used, date, time, and results in the medical record.
• Emergency exception allows noncompliance with heartbeat requirements if a medical emergency exists; requires written notations of the emergency and condition in the medical record.
• States that enforcement is through private actions only; prohibits state or public officials from enforcing the act; provides various defenses, including affirmative defenses and limits on costs/fees to defendants.
• Affirmative defenses related to reasonable belief of compliance; may be unavailable if Roe v. Wade or Planned Parenthood v. Casey are overruled; other constitutional defenses are preserved.
• Specific immunity and sovereign immunity provisions protect state officials and agencies; court jurisdiction to challenge enforcement is restricted; some action limitations against the woman seeking an abortion.
• Section governing declaratory or injunctive relief against enforcement or funding restrictions imposes joint and several liability for court costs and attorney fees on plaintiffs seeking such relief; prevailing party costs rules and time limits apply.
• Severability and effective date provisions; the act becomes law on 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