By Craig Monger
A bill has been introduced into the Alabama House of Representatives that would allow for civil action to be brought against doctors who perform certain abortions.
Rep. Jamie Kiel (HD 18) pre-filed HB23 for Alabama’s upcoming regular session. HB23, also called the Alabama Heartbeat Act, would allow for individuals to bring civil actions against “any person who performs or induces an abortion or who knowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing costs of an abortion.”
HB 23 is similar to the “Heartbeat Bill” passed by the Texas legislature earlier this year.
The bill provides no criminal penalties, but the financial penalties would be no less than $10,000.
The bill would exclusively apply after a sonographer detects a heartbeat. An exception to the bill would be in the case of a medical emergency for the mother, although the bill does not give a definition of a medical emergency.
The bill does not criminalize abortion, and there is no provision for the state to prosecute abortion in any way. There would also not be an allowance for the prosecution of women who procure an abortion in any way. The bill would also not allow charges to be brought by anyone who conceived the child through means of an incestuous act or sexual assault.
Gov. Kay Ivey signed a heartbeat bill into law in May of 2019. HB314 criminalized abortion after a fetal heartbeat was detected. The only exception is due to a medical emergency or a lethal anomaly in the baby.
The law was struck down in federal court in October of 2019 by U.S. Judge Myron Thompson, Middle District of Alabama.
“Alabama’s abortion ban contravenes clear Supreme Court precedent,” Thompson wrote in his opinion. “It violates the right of an individual to privacy, to make choices central to personal dignity and autonomy. It diminishes the capacity of women to act in society, and to make reproductive decisions. It defies the United States Constitution.”
To connect with the author of this story, or to comment, email Craig.monger@1819News.com.
