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AL HB454
Bill
Status
5/9/2023
Primary Sponsor
Ernie Yarbrough
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AI Summary
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Expands the definition of "person" in criminal code to include an unborn child from the moment of fertilization for purposes of homicide and assault laws.
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Allows duress as a legal defense in murder prosecutions only when the victim is an unborn child and the defendant is the child's mother.
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Prohibits prosecution for homicide or assault when death or injury to an unborn child is incidental or accidental result of lawful medical care provided to save the pregnant woman's life, provided all reasonable alternatives were exhausted.
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Repeals existing protections that prohibit prosecution for homicide or assault related to lawful abortions and prohibit prosecution of women for harm to their own unborn children.
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Requires prosecutions involving unborn victims to be treated identically to prosecutions for born victims, including same legal presumptions, defenses, justifications, and immunities.
Legislative Description
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.
Last Action
Introduced and Referred to House Judiciary
5/9/2023