HB454 Alabama 2023 Session

Summary

Primary Sponsor

Ernie YarbroughRepresentative

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.

Summary

HB454 would treat an unborn child as a person from fertilization, extend protections to unborn victims, and repeal restrictions on prosecutions related to abortions and harm to unborns, while allowing limited duress defenses in certain murder cases and clarifying medical-care exceptions.

What This Bill Does

It expands the definition of 'person' to include an unborn child from fertilization. It would allow a duress defense in many cases but not for murder or aggravated killings when the victim is the unborn child and the defendant is the mother. It repeals prohibitions on prosecuting lawful abortions and against any woman with respect to her unborn child, and requires that prosecutions of homicide or assault involving an unborn victim be treated the same as those involving a born person. It creates an exception for incidental or unintentional harm to an unborn child caused by lawful medical care to save the pregnant woman's life, as long as all reasonable alternatives were exhausted.

Who It Affects

• Unborn children: gain criminal-law protections as a 'person' from fertilization, with homicide/assault prosecutions treated like those of born individuals.
• Pregnant women/mothers: potential for new criminal liability in cases involving harm to their unborn child, but also new exceptions and a limited duress defense framework (excluding certain murder cases).
• Healthcare providers: allowed to perform lawful medical care to save the pregnant woman's life with reduced risk of criminal liability for incidental unborn-harm if criteria are met.
• Law enforcement and prosecutors: new definitions and prosecutorial standards (unborn as person; equal treatment of unborn-victim cases).
• Domestic violence/sexual assault victims: protections ensuring they cannot be charged under Articles 1 or 2 for injury or death of an unborn child caused by a crime of DV or rape.

Key Provisions

• Amends Sections 13A-3-30 and 13A-6-1 to define fertilization and to include an unborn child as a 'person' from fertilization at any development stage.
• Adds a duress defense to murder (and related killings) but makes the defense unavailable when the victim is an unborn child and the defendant is the child's mother.
• Repeals provisions that prohibit prosecuting lawful abortions and prosecuting a woman for harm to her own unborn child; requires unborn-victim prosecutions to be treated as if the victim were born alive.
• Provides a limited exemption for incidental or unintentional death or injury to an unborn child caused by lawful medical care to avert the death of the pregnant woman, if reasonable alternatives were exhausted.
• Includes a new 'Equal Protection Act' rationale with findings supporting equal protection for preborn individuals and clarifies due process considerations.
• Specifies that changes apply to conduct occurring after the act's effective date and notes a local-funding provision for constitutional purposes, with an exemption due to creating/amending a crime.

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