HB454 Alabama 2023 Session

Summary

Primary Sponsor

Ernie Yarbrough Representative

Republican

Session

Regular Session 2023

Title

Relating to abortion; to amend Sections 13A-3-30 and 13A-6-1, Code of Alabama 1975; to provide legislative findings; to amend the definition of "person" to include an unborn child from the moment of fertilization; to provide duress as a defense to a murder charge against a woman for the death of her unborn child; to prohibit certain criminal prosecutions for certain medical care resulting in incidental or unintentional death or injury to an unborn child, provided all other reasonable alternatives to the medical care were exhausted; to repeal provisions prohibiting certain prosecutions for lawful abortions and against any woman with respect to her unborn child; to provide that prosecutions of homicide or assault where the victim is unborn shall be treated the same as if he or she were born alive; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Description

Under existing law, duress is not a defense available in a prosecution for murder.

This bill would allow duress as a defense in a prosecution for murder, provided the victim is an unborn child and the defendant is the child's mother.

Under existing law, a person may not be prosecuted for homicide or assault if the victim is an unborn child in utero and the death or injury results from certain lawful medical care or medication.

This bill would expand the definition of person for the purposes of the criminal code to include an unborn child from the moment of fertilization.

This bill would provide that a person may not be prosecuted for homicide or assault if the victim is an unborn child and death or injury is incidentally or accidentally caused by certain lawful medical care or treatment, provided the care or treatment is to avert the death of the pregnant woman and all other reasonable alternatives to the medical care or treatment have been exhausted.

Under existing law, no person may be prosecuted for homicide or assault relating to a lawful abortion, and no woman may be prosecuted for the homicide or assault of her own unborn child.

HB454 INTRODUCED This bill would repeal the provision that prohibits the prosecution of homicide or assault following any abortion and the provision that prohibits the prosecution of homicide or assault against any woman with respect to her own unborn child.

This bill would also provide that prosecutions of homicide or assault where the victim is an unborn child shall be treated the same as prosecutions of homicide or assault of a person born alive.

Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

HB454 INTRODUCED.

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