Section 26-23B-1 – Short Title.
Section 26-23B-1 Short title. This chapter shall be known and may be cited as the Alabama Pain-Capable Unborn Child Protection Act. (Act 2011-672, p. 1784, §1.)
Section 26-23B-2 – Legislative Findings.
Section 26-23B-2 Legislative findings. The Legislature makes all of the following findings: (1) Pain receptors (nociceptors) are present throughout the unborn child’s entire body by no later than 16 weeks after fertilization and nerves link these receptors to the brain’s thalamus and subcortical plate by no later than 20 weeks. (2) By eight weeks after […]
Section 26-23B-3 – Definitions.
Section 26-23B-3 Definitions. For purposes of this chapter, the following terms shall have the following meanings: (1) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a […]
Section 26-23B-4 – Determination of Postfertilization Age of Unborn Child.
Section 26-23B-4 Determination of postfertilization age of unborn child. (a) Except in the case of a medical emergency, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing the abortion has first made a determination of the probable postfertilization age of the unborn child […]
Section 26-23B-5 – Abortion Prohibited Where Postfertilization Age of Unborn Child at Least 20 Weeks; Exception.
Section 26-23B-5 Abortion prohibited where postfertilization age of unborn child at least 20 weeks; exception. (a) No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing or attempting to perform or induce the abortion or by another […]
Section 26-23B-6 – Criminal Penalties.
Section 26-23B-6 Criminal penalties. Any person who intentionally, knowingly, or recklessly performs or induces or attempts to perform or induce an abortion in violation of this chapter is guilty of a Class C felony. No penalty shall be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed […]
Section 26-23B-7 – Civil Remedies.
Section 26-23B-7 Civil remedies. (a) Any woman upon whom an abortion has been performed or induced in violation of this chapter, or the father of the unborn child who was the subject of such an abortion, may maintain an action against the person who performed or induced the abortion in intentional, knowing, or reckless violation […]
Section 26-23B-8 – Preservation of Anonymity.
Section 26-23B-8 Preservation of anonymity. In every civil or criminal proceeding or action brought under this chapter, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she does not give her […]
Section 26-23B-9 – Construction With Other Laws.
Section 26-23B-9 Construction with other laws. The provisions of this chapter are supplemental to and shall be read in pari materia with Chapter 22 of this title, relating to the abortion of viable unborn children, and the Alabama Partial-Birth Abortion Ban Act of 1997. This chapter shall not be construed to repeal, by implication or […]