HB518 Alabama 2025 Session

Summary

Primary Sponsor

Ernie Yarbrough Representative

Republican

Session

2025 Regular Session

Title

Unborn children; defined from the moment of fertilization for purposes of certain criminal prosecution, prosecutions for murder and assault of unborn child authorized and further provided for, defense of duress authorized for woman charged with death of her own child

Description

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 create the Prenatal Equal Protection Act and would authorize prosecutions for homicide or assault if the victim is an unborn child from the moment of fertilization at any stage of development, unless: (i) the death or injury occurred in attempts to save the life of the mother and reasonable steps were taken to save the life of the unborn child; or (ii) the death was a spontaneous miscarriage.

This bill would remove a provision that exempts from the crimes of homicide or assault the death or injury of an unborn child allegedly caused by medication or medical care or treatment provided to a pregnant woman when performed by a licensed health care provider.

This bill would delete a provision that prohibits a woman from being prosecuted for homicide or assault of her own unborn child or for conduct relating to an abortion.

This bill would authorize duress as a defense to HB518 INTRODUCED murder if the victim is an unborn child and the defendant is the child's mother.

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

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Subjects

Crimes & Offenses