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AR HB1174

Bill

Status

Failed

5/1/2023

Primary Sponsor

Richard Womack

Click for details

Origin

House of Representatives

94th General Assembly (2023 Regular)

AI Summary

  • Amends Arkansas Criminal Code § 5-1-102(13) to define "person" to include an unborn child from fertilization until birth for purposes of homicide statutes (§§ 5-10-101–105 and 5-4-604).

  • Establishes exceptions to unborn child protections for lawful medical procedures including legal abortions, ectopic pregnancy removal, diagnostic testing, therapeutic treatment, medical research, assisted reproduction technology, and in vitro fertilization procedures.

  • Clarifies that pregnant women cannot be charged with criminal offenses related to the death of their own unborn child, but all other criminal code provisions apply to prosecutions for unborn child deaths.

  • Amends Arkansas Code § 16-62-102 to allow wrongful death civil actions for unborn children, with exceptions for legal abortions, pregnant woman's fault, assisted reproduction technology, IVF procedures, and FDA-approved contraception.

  • Declares the act an emergency measure effective immediately upon Governor approval, without veto approval, or veto override; applies prospectively only to conduct committed after the effective date.

Legislative Description

To Add Protections For Unborn Children By Allowing Prosecution When A Person Causes The Death Of An Unborn Child; To Repeal Laws That May Allow A Person To Pressure A Pregnant Woman To Get An Abortion; And To Declare An Emergency.

Last Action

Died in House Committee at Sine Die Adjournment

5/1/2023

Committee Referrals

Judiciary1/19/2023

Full Bill Text

No bill text available