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HB118 INTRODUCED
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HB118
W1JSB59-1
By Representatives Gidley, Kiel
RFD: Judiciary
First Read: 13-Jan-26
PFD: 06-Jan-26
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W1JSB59-1 12/23/2025 GP (L)lg 2025-3044
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PFD: 06-Jan-26
SYNOPSIS:
Under existing law, all forms of abortion are
prohibited, except to prevent a serious health risk to
the unborn child's mother.
This bill would prohibit the manufacture,
distribution, mailing, transporting, delivery,
prescription, or any other provision of an
abortion-inducing drug in this state, unless such
manufacture, distribution, mailing, transport,
delivery, prescription, or other provision is solely:
(i) for a purpose that is not an abortion; or (ii) to
treat a medical emergency, remove an ectopic pregnancy,
or remove a dead unborn child whose death was caused by
a miscarriage.
This bill would authorize any individual to
bring a qui tam action against a person who violates or
intends to violate the prohibition, provided that
neither the state nor its political subdivisions may
bring, engage with, or intervene in such a suit.
This bill would prohibit a qui tam action from
being filed against certain parties, including, but not
limited to, women using abortion-inducing drugs to
abort or attempt to abort their own unborn child;
transportation network companies or delivery persons;
Internet service providers; air carriers; certain
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Internet service providers; air carriers; certain
individuals acting under the direction of a federal
agency or federal law; health care facilities and
hospitals; health care providers who mail, distribute,
transport, deliver, prescribe, or otherwise provide
abortion-inducing drugs in this state while located
outside the state; and certain pharmaceutical
manufacturers or distributors who fail to adopt a
policy to implement this bill.
This bill would prohibit certain individuals who
themselves, or in concert with another: (i) commit
domestic violence, a sexual offense, or stalking
against a woman; or (ii) provide an abortion-inducing
drug to a woman without her knowledge, from bringing a
qui tam suit.
This bill would provide procedures relating to a
qui tam action, including a statute of limitation,
prohibitions on the disclosure of certain protected or
personal information, and taking of depositions.
This bill would provide affirmative defense to a
qui tam action, including, but not limited to, that the
defendant: (i) was unaware of the conduct that is the
subject of the suit; and (ii) took reasonable
precautions to prohibit violations of the act.
This bill would provide that the court must
award injunctive relief, a $100,000 monetary award, and
court costs and reasonable attorney fees to a
successful qui tam relator.
This bill would also authorize certain civil
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This bill would also authorize certain civil
actions to prevent interference with qui tam actions
through "clawback" provisions that authorize a civil
action in other states.
A BILL
TO BE ENTITLED
AN ACT
Relating to abortion; to add Chapter 23J, commencing
with Section 26-23J-1, to Title 26 of the Code of Alabama
1975; to prohibit the manufacture, distribution, mailing,
transport, delivery, prescription, or other provision of
abortion-inducing drugs in this state, with limited
exceptions; to authorize a qui tam action against a person who
violates or intends to violate the prohibition, with
exceptions; to provide procedures relating to a qui tam suit,
including who may bring such a suit and appropriate defenses;
to provide for remedies for successful qui tam suits; and to
authorize certain civil actions to prevent interference by
certain "clawback" provisions that authorize a civil action in
another state.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. A new Chapter 23J, commencing with Section
26-23J-1, is added to Title 26 of the Code of Alabama 1975, to
read as follows:
§26-23J-1
For the purposes of this chapter, the following terms
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For the purposes of this chapter, the following terms
have the following meanings:
(1) ABORTION. The same meaning as provided in Section
26-23H-3.
(2) ABORTION-INDUCING DRUG. The same meaning as
provided in Section 26-23E-3.
(3) DELIVERY NETWORK COMPANY. A business entity that
offers or uses a digital network to arrange for the delivery
of food, beverages, or consumer goods from a restaurant or
retail establishment to a delivery customer. The term does not
include an entity that only delivers products that the entity
produces or stores on the entity's premises.
(4) DELIVERY PERSON. An individual who undertakes a
digitally prearranged delivery in the state using a digital
network company's digital network.
(5) DIGITAL NETWORK. Any online-enabled application,
website, or system offered by either of the following:
a. A transportation network company that enables the
prearrangement of rides between passengers and drivers.
b. A delivery network company that enables digitally
prearranged drives.
(6) DIGITALLY PREARRANGED DELIVERY. The transport and
delivery or attempted delivery of goods to a delivery customer
which is prearranged through a delivery network company's
digital network, including the selection or collection of
items for delivery by an individual using a delivery network
company's digital network and other tasks incidental to
delivery.
(7) DIGITALLY PREARRANGED RIDE. A ride in a personal
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(7) DIGITALLY PREARRANGED RIDE. A ride in a personal
vehicle between points chosen by a passenger which is
prearranged through a digital network.
(8) DRIVER. An individual who undertakes a digitally
prearranged ride between points chosen by a passenger.
(9) HEALTH CARE FACILITY. The meaning as provided in
Section 22-11A-60, except the term does not include a
hospital.
(10) HEALTH CARE PROVIDER. An individual who is
licensed, certified, or otherwise authorized by this state to
diagnose, prevent, alleviate, or cure a human illness or
injury. The term does not include a physician.
(11) HOSPITAL. The same meaning as provided under
Section 22-21-410, including any such hospital owned,
maintained, or operated by this state.
(12) MEDICAL EMERGENCY. The same meaning as provided
under Section 26-23H-3.
(13) PHYSICIAN. An individual licensed to practice
medicine in this state, including a medical doctor and a
doctor of osteopathic medicine.
(14) PHYSICIAN GROUP. An entity that is formed by a
physician or group of physicians to provide medical services.
The term includes, but is not limited to, any professional
organization, partnership, limited liability partnership,
nonprofit health corporation, or company formed by a physician
or group of physicians.
(15) TRANSPORTATION NETWORK COMPANY. A corporation,
partnership, sole proprietorship, or other entity that, for
compensation, enables a passenger to prearrange with a driver,
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compensation, enables a passenger to prearrange with a driver,
exclusively through the entity's digital network, a digitally
prearranged ride. The term does not include an entity that
provides any of the following:
a. Street-hail taxicab services.
b. Limousine or other car services arranged by a method
other than through a digital network.
c. Shared expense carpool or vanpool arrangements.
d. A type of ride service for which: (i) the fee
received by the driver does not exceed the driver's costs of
providing the ride; or (ii) the driver receives a fee that
exceeds the driver's costs associated with providing the ride
but makes not more than three round-trips per day between the
driver's or passenger's place of employment and the driver's
or passenger's home.
(16) WOMAN. The same meaning as provided in Section
1-1-1.
§26-23J-2
(a) This chapter does not apply to, and a civil action
under this chapter may not be brought against, any of the
following:
(1) A hospital.
(2) A health care facility licensed, owned, maintained,
or operated by this state.
(3) A health care provider, other than a provider
against whom a qui tam action may be brought in accordance
with Section 26-23J-4(d)(7).
(4) A physician, other than a physician against whom a
qui tam action may be brought in accordance with Section
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qui tam action may be brought in accordance with Section
26-23J-4(d)(7).
(5) A physician group.
(6) An Internet service provider or an Internet service
provider's affiliates or subsidiaries.
(7) An Internet search engine.
(8) A cloud service provider solely providing access or
connection to or from:
a. An Internet website; or
b. Information or content on the Internet or on a
facility, system, or network that is not under the cloud
service provider's control, including transmission,
downloading, intermediate storage, access software, or other
services.
(9) A person who manufactures, distributes, mails,
transports, delivers, prescribes, provides, or possesses
abortion-inducing drugs in this state solely for one or more
of the following purposes:
a. Treating a medical emergency.
b. Removing an ectopic pregnancy.
c. Removing a dead, unborn child whose death was caused
by miscarriage.
d. A purpose that does not include performing,
inducing, attempting, or assisting an abortion, other than an
abortion performed in response to a medical emergency.
(b) This chapter may not be construed to require the
actual performance, inducement, or attempted performance of an
abortion in order for an individual to bring a civil action
authorized by this chapter.
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authorized by this chapter.
§26-23J-3
(a) Except as provided by subsection (b) or Section
26-23J-2, a person may not:
(1) Manufacture or distribute an abortion-inducing drug
in this state; or
(2) Mail, transport, deliver, prescribe, or provide an
abortion-inducing drug in any manner to or from any individual
or location in this state.
(b) This section does not prohibit:
(1) Speech or conduct protected by the First Amendment
to the United States Constitution or protected by Section 4,
Article I of the Constitution of Alabama of 2022;
(2) Conduct a pregnant woman takes in the course of
aborting or attempting to abort the woman's unborn child;
(3) The manufacture, distribution, mailing, transport,
delivery, prescribing, provision, or possession of an
abortion-inducing drug solely for one or more of the purposes
described by Section 26-23J-2(a)(9); or
(4) Conduct a person takes under the direction of a
federal agency, contractor, or employee to carry out a duty
under federal law, if prohibiting that conduct would violate
the doctrine of preemption or intergovernmental immunity.
(c)(1) This section may be enforced only through a qui
tam action brought under this chapter.
(2) No other direct or indirect enforcement of this
section may be taken or threatened by this state, a political
subdivision of this state, a district or county attorney, or
any officer or employee of this state or a political
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any officer or employee of this state or a political
subdivision of this state against any person, by any means
whatsoever, except through a qui tam action brought under this
chapter.
(d) This section does not preclude or limit the
enforcement of any other law or rule against conduct that is
independently prohibited by the other law or rule and that
would remain prohibited by the other law or rule in the
absence of this section.
§26-23J-4
(a) An individual, other than this state, a political
subdivision of this state, or an officer or employee of this
state or a political subdivision of this state, has standing
to bring and may bring a qui tam action against a person who:
(1) Violates Section 26-23J-3; or
(2) Intends to violate Section 26-23J-3.
(b) An action brought under this section must be
brought in the name of the qui tam relator, who is an assignee
of this state's claim for relief. Notwithstanding any other
law, the transfer of this state's claim to the qui tam relator
is absolute, with the state retaining no interest in the
subject matter of the claim.
(c) A qui tam relator may not bring an action under
this section if the action is preempted by 47 U.S.C. § 230(c).
(d) A qui tam action may not be brought against any of
the following under this section:
(1) A woman for using, obtaining, or seeking to obtain
abortion-inducing drugs to abort or attempt to abort her
unborn child.
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unborn child.
(2) A person acting under the direction of a federal
agency, contractor, or employee who is carrying out a duty
under federal law if the imposition of liability would violate
the doctrine of preemption or intergovernmental immunity.
(3) A transportation network company or a driver for
using a transportation network company's digital network to
provide a digitally prearranged ride.
(4) A delivery network company or a delivery person for
using a delivery network company's digital network to provide
a digitally prearranged delivery.
(5) A person to whom this chapter does not apply and
against whom a civil action under this chapter may not be
brought under Section 26-23J-2.
(6) A health care provider or physician, unless the qui
tam relator pleads and proves that the health care provider or
physician engaged in conduct constituting a violation of
Section 26-23J-3 while located outside this state.
(7) A pharmaceutical manufacturer, pharmaceutical
distributor, or common carrier, unless the qui tam relator
pleads and proves that the defendant failed to adopt and
implement a policy to not distribute, mail, transport,
deliver, provide, or possess abortion-inducing drugs other
than for one or more of the purposes described by Section
26-23J-2(a)(9).
(e) A qui tam action may not be brought by any of the
following:
(1) An individual who has impregnated a woman through
conduct constituting a sexual offense under Article 4, Chapter
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conduct constituting a sexual offense under Article 4, Chapter
6 of Title 13A.
(2) An individual who has committed conduct
constituting domestic violence in the first, second, or third
degree under Article 7, Chapter 6 of Title 13A, or an offense
against the family under Chapter 13 of Title 13A, or has been
determined by a court to have perpetrated domestic or family
violence.
(3) An individual who provided an abortion-inducing
drug to a pregnant woman for the purpose of performing,
inducing, or attempting an abortion without the woman's
consent or knowledge.
(4) An individual who has been convicted of an offense
under Article 5, Chapter 6 of Title 13A.
(5) An individual who acts in concert or participation
with an individual described by this subsection.
(f) Notwithstanding any rule of civil procedure adopted
under Title 6 or any other law, an action brought under this
section may not be litigated on behalf of a claimant class or
a defendant class, and a court may not certify a class in the
action.
(g) An individual may bring an action under this
section not later than six years after the date the cause of
action accrues.
§26-23J-5
(a)(1) It is an affirmative defense to an action
brought under Section 26-23J-4 that the defendant:
a. Was unaware the defendant was engaged in the conduct
prohibited by Section 26-23J-3; and
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prohibited by Section 26-23J-3; and
b. Took reasonable precautions to ensure the defendant
would not violate Section 26-23J-3.
(2) The defendant has the burden of proving an
affirmative defense under this section by a preponderance of
the evidence.
(b) The following are affirmative defenses to an action
brought under Section 26-23J-4:
(1) The imposition of civil liability on the defendant
will violate the defendant's rights under federal law,
including the United States Constitution.
(2) The defendant has standing to assert the rights of
a third party under the tests for third-party standing
established by the United States Supreme Court and
demonstrates that the imposition of civil liability on the
defendant will violate the third party's rights under federal
law, including the United States Constitution.
(3) The imposition of civil liability on the defendant
will violate the defendant's rights under the Constitution of
Alabama of 2022.
(4) The imposition of civil liability on the defendant
will violate limits on extraterritorial jurisdiction imposed
by the United States Constitution or the Constitution of
Alabama of 2022.
(c) The following are not defenses to an action brought
under Section 26-23J-4:
(1) A defendant's ignorance or mistake of law,
including a defendant's mistaken belief that the requirements
or provisions of this chapter are unconstitutional or were
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or provisions of this chapter are unconstitutional or were
unconstitutional.
(2) A defendant's reliance on any court decision that
has been vacated, reversed, or overruled on appeal or by a
subsequent court, even if that court decision had not been
vacated, reversed, or overruled when the cause of action
accrued.
(3) A defendant's reliance on a state or federal court
decision that is not binding on the court in which the action
has been brought.
(4) A defendant's reliance on a federal agency
regulation or action that has been repealed, superseded, or
declared invalid or unconstitutional, even if the federal
agency regulation or action had not been repealed, superseded,
or declared invalid or unconstitutional when the cause of
action accrued.
(5) The laws of another state or jurisdiction,
including an abortion shield law, unless the Constitution of
Alabama of 2022 or federal law compels the court to enforce
that law.
(6) Non-mutual issue preclusion or non-mutual claim
preclusion.
(7) Sovereign immunity, governmental immunity, or
official immunity, other than sovereign immunity, governmental
immunity, or official immunity applicable to any of the
following:
a. A hospital owned, maintained, or operated by this
state that facilitates the availability of or makes available
abortion-inducing drugs solely for one or more of the purposes
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abortion-inducing drugs solely for one or more of the purposes
described by Section 26-23J-2.
b. A political subdivision of this state that
facilitates the availability of or makes available
abortion-inducing drugs solely for one or more of the purposes
described by Section 26-23J-2(a)(9).
c. A physician or health care provider who prescribes,
distributes, administers, or otherwise makes available
abortion-inducing drugs solely for one or more of the purposes
described by Section 26-23J-4(a)(9), if the physician or
health care provider is: (i) employed by a hospital owned or
operated by this state or a political subdivision of this
state; and (ii) acting within the scope of the physician's or
health care provider's employment .
(8) A claim that the enforcement of this chapter or the
imposition of civil liability against the defendant will
violate the constitutional or federally protected rights of
third parties, except as provided by subsection (b).
(9) Consent to the abortion by the claimant or the
unborn child's mother.
§26-23J-6
(a) Notwithstanding any other law, if a qui tam
relator prevails in an action brought under Section 26-23J-4,
the court shall award to the relator all of the following:
(1) Injunctive relief sufficient to prevent the
defendant from violating Section 26-23J-3.
(2) An amount of not less than one hundred thousand
dollars ($100,000) for each violation of Section 26-23J-3.
(3) Costs and reasonable attorney fees.
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(3) Costs and reasonable attorney fees.
(b) A court may not award relief under subdivisions
(a)(2) or (a)(3) in response to a violation of Section
26-23J-3 if the defendant demonstrates both of the following:
(1) A court previously ordered the defendant to pay an
amount under subdivision (a)(2) in another action for that
particular violation.
(2) The court order described by subdivision (1) has
not been vacated, reversed, or overturned.
(c) A court may not award costs or attorney fees under
the Alabama Rules of Civil Procedure or any other rule adopted
by the Supreme Court of Alabama to a defendant against whom an
action is brought under Section 26-23J-4. This subsection does
not preclude a court from sanctioning a litigant or attorney
for frivolous, malicious, or bad-faith conduct.
§26-23J-7
(a) The state, a political subdivision of the state, or
an officer or employee thereof may not do any of the
following:
(1) Act in concert or participation with a qui tam
relator bringing an action under Section 26-23J-4.
(2) Establish or attempt to establish any type of
agency or fiduciary relationship with a qui tam relator
bringing an action under Section 26-23J-4.
(3) Attempt to control or influence an individual's
decision to bring an action under Section 26-23J-4 or that
individual's conduct of the litigation.
(4) Intervene in an action brought under Section
26-23J-4.
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26-23J-4.
(b) This section does not prohibit the state, a
political subdivision of the state, or an officer or employee
thereof from filing an amicus curiae brief in an action
brought under Section 26-23J-4 if the state, the political
subdivision, the officer, or the employee does not act in
concert or participation with the qui tam relator.
§26-23J-8
Notwithstanding any other law to the contrary:
(1) The courts of this state have personal jurisdiction
over a defendant sued under Section 26-23J-4 to the maximum
extent permitted by the Fourteenth Amendment to the United
States Constitution, and the defendant may be served outside
this state;
(2) The law of this state applies to an action brought
under Section 26-23J-4 to the maximum extent permitted by the
Constitution of Alabama of 2022, and federal law, including
the United States Constitution;
(3) Any contractual provision that requires or purports
to require application of the laws of a different
jurisdiction, or that requires or purports to require a qui
tam action under Section 26-23J-4 to be litigated in a
particular forum, is void based on this state's public policy
and is not enforceable in any court; and
(4) A court may not apply the law of another state or
jurisdiction to any qui tam action brought under Section
26-23J-4 unless the Constitution of Alabama of 2022 or federal
law compels the court to apply that law.
§26-23J-9
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§26-23J-9
(a) For purposes of this section, the term "clawback
provision" refers to any law of another state or jurisdiction
which authorizes the bringing of a civil action against a
person for any of the following:
(1) Bringing or engaging in an action authorized by
this chapter, or attempting, intending, or threatening to do
so.
(2) Bringing or engaging in an action that alleges a
violation of any state or federal law related to abortion, or
attempting, intending, or threatening to do so.
(3) Providing legal representation or any type of
assistance to a person who brings or engages in an action
described by this subsection.
(b) Notwithstanding any law to the contrary and except
as otherwise provided by federal law or the Constitution of
Alabama of 2022, the laws of this state apply to all of the
following:
(1) Conduct described by subsection (a).
(2) An action brought against a person for engaging in
conduct described by subsection (a).
(3) An action brought under a clawback provision
against a resident of this state.
(4) Testifying as a witness in an action described by
this subsection.
(5) An action brought under subsection (d).
(c) Notwithstanding any law to the contrary:
(1) In an action described by subdivision (a)(1) or
(a)(2), the court shall, on request, issue a temporary,
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(a)(2), the court shall, on request, issue a temporary,
preliminary, or permanent injunction that restrains each
defendant in the action, each person in privity with the
defendant, and each person with whom the defendant is in
active concert or participation from: (i) bringing an action
under any clawback provision against a claimant or prosecutor,
a person in privity with the claimant or prosecutor, or a
person providing legal representation or any type of
assistance to the claimant or prosecutor; or (ii) continuing
to litigate an action under any clawback provision which has
been brought against a claimant or prosecutor, a person in
privity with the claimant or prosecutor, or a person providing
legal representation or any type of assistance to the claimant
or prosecutor;
(2) The doctrines of res judicata and collateral
estoppel preclude a defendant against whom a judgment is
entered in an action described by subdivision (a)(1) or (a)(2)
and each person in privity with the defendant from litigating
or relitigating any claim or issue under any clawback
provision against a claimant, prosecutor, or person in privity
with the claimant or prosecutor that was raised or could have
been raised as a claim, cross-claim, counterclaim, or
affirmative defense under the federal or this state's rules of
civil procedure; and
(3) A court of this state may not enforce an
out-of-state judgment obtained in an action brought under a
clawback provision unless federal law or the Constitution of
Alabama of 2022 requires the court to enforce the judgment.
(d)(1) Notwithstanding any other law to the contrary,
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(d)(1) Notwithstanding any other law to the contrary,
if an action is brought or judgment is entered against a
person under a clawback provision based wholly or partly on
the person's decision to engage in conduct described by
subsection (a), that person is entitled to injunctive relief
and damages from any person who brought the action or obtained
the judgment or who sought to enforce the judgment.
Notwithstanding any other law, the relief described by this
subsection must include the following:
a. Compensatory damages, including money damages in an
amount equal to the judgment damages and costs, expenses, and
reasonable attorney fees spent in defending the action.
b. Costs, expenses, and reasonable attorney fees
incurred in bringing an action under this subsection.
c. Additional amounts consisting of the greater of
twice the sum of the damages, costs, expenses, and fees
described by paragraphs a. and b., or one hundred thousand
dollars ($100,000).
d. Injunctive relief that restrains each person who
brought the action under the clawback provision, each person
in privity with the person, and each person acting in concert
or participation with the person from all of the following:
1. Bringing further actions under any clawback
provision against the person against whom the action was
brought, each person in privity with the person, or any person
providing legal representation or any type of assistance to
the person.
2. Continuing to litigate any actions brought under a
clawback provision against the persons described by
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clawback provision against the persons described by
subparagraph 1.
3. Enforcing or attempting to enforce any judgment
obtained in any actions brought under a clawback provision
against the persons described by subparagraph 1.
(2) Neither of the following is a defense to an action
brought under this subsection:
a. The claimant failed to seek recovery under this
subsection in an action brought against the claimant under a
clawback provision.
b. A court in a preceding action brought against the
claimant declined to recognize or enforce this subsection or
held any provision of that subsection invalid,
unconstitutional, or preempted by federal law, notwithstanding
the doctrines of issue or claim preclusion.
Section 2. This act shall become effective on October
1, 2026.
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