SB35 Alabama 2023 Session

Summary

Primary Sponsor

Vivian Davis FiguresSenator

Democrat

Session

Regular Session 2023

Title

Relating to abortion; to

Summary

SB35 adds rape and incest as exceptions to Alabama's abortion prohibition and sets specific rules for when abortions are allowed, including penalties for violations outside those exceptions.

What This Bill Does

The bill alters two sections of Alabama law to create exceptions to the abortion ban for pregnancies resulting from rape or incest. It defines what counts as rape and incest, and establishes when abortions are permitted: for serious health risk to the mother, a second Alabama-licensed physician must confirm the necessity in writing within 180 days; and abortions in rape/incest cases are allowed under the new exceptions. It also imposes fines and possible county jail time for inducing an abortion outside the allowed exceptions. The changes take effect July 1, 2023.

Who It Affects

• Pregnant individuals in Alabama, who may access abortion if the pregnancy is the result of rape or incest or if there is a serious health risk to the mother.
• Licensed physicians in Alabama, who must follow the health-risk procedure (including a second physician's written confirmation within 180 days) and may perform abortions in rape/incest cases under the new rules.
• People who perform or assist with abortions outside the allowed exceptions, who could face fines and possible county jail time.
• Victims of rape or incest, who gain a defined legal pathway for abortion under the new exceptions.

Key Provisions

• Adds rape and incest as exceptions to the abortion prohibition in Section 13A-13-7 and defines rape and incest within the statute.
• Penalties for inducing an abortion outside the exceptions: fines of $100 to $1,000 and potential imprisonment up to 12 months in county jail.
• In health-risk cases, an abortion is permitted if a licensed Alabama physician determines it is necessary; requires a second Alabama-licensed physician to confirm in writing within 180 days, with the written confirmation serving as prima facie evidence of a permitted abortion.
• In cases of rape or incest, an abortion is permitted under the amended provisions for those pregnancies, with the same definitions of rape and incest applied.
• Effective date: July 1, 2023.

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

Subjects

Health, abortion, exceptions added to abortion prohibition