HB0026 • 2026

Abortion

AN ACT to amend Tennessee Code Annotated, Title 29; Title 39, Chapter 15, Part 2; Title 53; Title 63 and Title 68, relative to the Unborn Child Protection Act of 2025.

Abortion Children

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Bulso, Hensley
Last action: 2025-03-04
Official status: Taken off notice for cal in s/c Population Health Subcommittee of Health Committee
Effective date: Not listed

Plain English Breakdown

The official source does not specify the exact legal process or enforcement mechanisms.

Unborn Child Protection Act of 2025

This bill makes it illegal to mail or deliver abortion-inducing drugs into Tennessee and sets a penalty if these actions result in the death of an unborn child.

What This Bill Does

Makes it against the law for anyone, including drug makers or sellers, to mail or deliver abortion-inducing drugs into Tennessee.
Defines an 'abortion-inducing drug' as any medication used to terminate a pregnancy, such as mifepristone and misoprostol, but not if they are used for other reasons like treating stomach ulcers.
Requires anyone who sends abortion drugs into the state and causes someone's death to pay $5 million in damages.

Who It Names or Affects

People or companies that make, sell, or deliver abortion-inducing drugs.
Anyone who might receive abortion drugs through the mail.

Terms To Know

Abortion-inducing drug: A medication used to terminate a pregnancy.
Strict liability: A legal rule that holds someone responsible for damages even if they did not mean to cause harm.

Limits and Unknowns

The bill does not specify what happens if the drugs are sent from another country.
It is unclear how this law will be enforced or who will enforce it.
The bill only covers mailing and delivery of abortion-inducing drugs, not other ways they might enter the state.

Bill History

2025-03-04 Tennessee General Assembly
Taken off notice for cal in s/c Population Health Subcommittee of Health Committee
2025-02-27 Tennessee General Assembly
Sponsor(s) Added.
2025-02-26 Tennessee General Assembly
Placed on s/c cal Population Health Subcommittee for 3/4/2025
2025-02-25 Tennessee General Assembly
Taken off notice for cal in s/c Population Health Subcommittee of Health Committee
2025-02-19 Tennessee General Assembly
Placed on s/c cal Population Health Subcommittee for 2/25/2025
2025-02-18 Tennessee General Assembly
Action Def. in s/c Population Health Subcommittee to 2/25/2025
2025-02-12 Tennessee General Assembly
Placed on s/c cal Population Health Subcommittee for 2/18/2025
2025-01-28 Tennessee General Assembly
Assigned to s/c Population Health Subcommittee
2025-01-27 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2025-01-16 Tennessee General Assembly
Ref. to Health Committee
2025-01-16 Tennessee General Assembly
Introduced, Passed on First Consideration
2025-01-15 Tennessee General Assembly
P2C held on desk, pending appointment of Standing Committees
2025-01-15 Tennessee General Assembly
Filed for introduction
2025-01-14 Tennessee General Assembly
Intro., P1C.
2024-12-23 Tennessee General Assembly
Sponsor(s) Added.
2024-12-09 Tennessee General Assembly
Filed for introduction

Official Summary Text

This bill enacts
the "Unborn Child Protection Act of 2025," which prohibits a person or entity from mailing or delivering an abortion-inducing drug into this state.

This bill defines an "abortion-inducing drug" as a drug or medication that is intended to be used, and
is used, to terminate the life of an unborn child, which includes mifepristone, misoprostol, and mifeprex (RU-486) when possessed or distributed to terminate the life of an unborn child. It does not include a drug or medication that is possessed or distr
i
buted for a purpose that does not include the termination of the life of an unborn child, such as misoprostol that is used for treating a stomach ulcer.

This bill provides that if a person or entity mails or delivers an abortion-inducing drug into this s
tate and the mailing or delivery results in the death of an unborn child, then the person or entity is strictly liable in the amount of $5 million in damages for the death of the unborn child. Any action brought to recover such damages must proceed under

civil procedure law for an injury resulting in death and an action must be commenced within five years of the death of the unborn child.

Current Bill Text

Read the full stored bill text

SENATE BILL 194
By Hensley

HOUSE BILL 26
By Bulso

HB0026
000534
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 29;
Title 39, Chapter 15, Part 2; Title 53; Title 63 and
Title 68, relative to the Unborn Child Protection Act
of 2025.

WHEREAS, the General Assembly finds that:
(1) Human life begins at fertilization;
(2) An unborn child is entitled to the full and equal protection of the laws that
prohibit violence against any other person;
(3) It is a federal crime, prohibited by 18 U.S.C. § 1461, to mail abortion pills or
to receive abortion pills in the mail. Such conduct is punishable by imprisonment for five
years;
(4) It is also a federal crime, prohibited by 18 U.S.C. § 1462(c), to transport
abortion pills in interstate or foreign commerce;
(5) These statutes are fully enforceable now that Roe v. Wade, 410 U.S. 113
(1973), has been overruled, and the statute of limitations for each of these crimes is five
years; and
(6) Violations of 18 U.S.C. § 1461–1462 are predicate offenses under the federal
Racketeer Influenced and Corrupt Organizations Act (RICO), which exposes abortion-pill
distribution networks and their donors to civil RICO liability as well as criminal
prosecution as a racketeering enterprise under both state and federal law; now,
therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

- 2 - 000534

SECTION 1. Tennessee Code Annotated, Title 29, Chapter 34, Part 2, is amended by
adding the following new section:
(a) This section is known and may be cited as the "Unborn Child Protection Act
of 2025."
(b) A person or entity, including, but not limited to, a manufacturer, distributor,
seller, or reseller, of an abortion-inducing drug shall not mail or deliver an abortion-
inducing drug into this state.
(c) As used in this section, "abortion-inducing drug":
(1) Means a drug or medication that is intended to be used, and is used,
to terminate the life of an unborn child;
(2) Includes mifepristone, misoprostol, mifeprex (RU-486), when
possessed or distributed for the purpose of terminating the life of an unborn child;
and
(3) Does not include a drug or medication that is possessed or distributed
for a purpose that does not include the termination of the life of an unborn child,
such as misoprostol that is possessed or distributed for the purpose of treating a
stomach ulcer.
(d) Notwithstanding another law to the contrary, a person or entity who mails or
delivers an abortion-inducing drug into this state and the mailing or delivery results in the
death of an unborn child is strictly liable in the amount of five million dollars ($5,000,000)
in damages for the death of the unborn child.
(e) Any action brought to recover such damages must proceed as provided in §
20-5-106.
(f) An action brought pursuant to subsection (d) must be commenced within five
(5) years of the death of the unborn child.

- 3 - 000534

SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.