Abortion

Plain English Breakdown

The bill did not pass and its exact impact on women's health care options remains uncertain.

Changes to Abortion Laws

This bill changes Tennessee's laws about criminal abortion by removing certain exceptions and making new requirements for when an abortion can be performed.

What This Bill Does

• Removes the current rules that allow abortions if a doctor thinks it is necessary to save the pregnant woman’s life or health, or if the pregnancy resulted from rape or incest.
• Makes performing an abortion illegal unless it was done by a licensed doctor who decided it was needed for the physical or mental health of the pregnant person.

Who It Names or Affects

• Doctors and other medical professionals who perform abortions
• Pregnant women and girls in Tennessee

Terms To Know

Class C felony

A serious crime that can lead to a prison sentence of at least three years.

Licensed physician

A doctor who has the proper certification and permission to practice medicine in Tennessee.

Limits and Unknowns

• The bill did not pass, so it does not change any laws right now.
• It is unclear how this would affect women's health care options in Tennessee if passed.

Official Summary Text

Present law provides that a person who performs or attempts to perform an abortion commits the offense of criminal abortion. Criminal abort
ion is a Class C felony, punishable by a sentence of imprisonment not less than three years nor more than 15 years,

and
,
in addition, the jury may assess a fine not to exceed $10,000. However, a person who performs or attempts to perform an abortion does
not commit the offense of criminal abortion if the abortion is performed or attempted by a licensed physician in a licensed hospital or ambulatory surgical treatment center and both of the following conditions are met:



The physician determined, using reasonable medical judgment, based upon the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.



The physician performs or attempts to perform the abortion in the manner which, using reasonable medical judgment, based upon the facts known to the physician at the time, provides the best opportunity for the unborn child to survive, unless using reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death to the pregnant woman or substantial and irreversible impairment of a major bodily function.

This bill removes the above provisions
and provides, instead, that a person commits the offense of criminal abortion, still a Class C felony, when the person performs or attempts to perform an abortion that was either:



Not performed or attempted by a licensed physician who determined, based upon the facts known to the physician at the time, that the abortion was necessary to protect the physical or mental health of the pregnant woman; or



Not performed or attempted by a licensed physician on a patient whose pregnancy is the result of aggravated rape, rape, rape of a child, especially aggravated rape, especially aggravated rape of a child, or incest.

Current Bill Text

SENATE BILL 345
By Lamar

HOUSE BILL 179
By Hakeem

HB0179
001564
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 15; Title 63 and Title 68, relative to
women's health.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-15-213, is amended by deleting
subsections (b) and (c) and substituting:
(b) A person commits the offense of criminal abortion when the person performs
or attempts to perform an abortion that was not:
(1) Performed or attempted by a licensed physician who determined,
based upon the facts known to the physician at the time, that the abortion was
necessary to protect the physical or mental health of the pregnant woman; or
(2) Performed or attempted by a licensed physician on a patient whose
pregnancy is the result of aggravated rape, as described in § 39-13-502; rape, as
described in § 39-13-503; rape of a child, as described in § 39-13-522; especially
aggravated rape, as described in § 39-13-534; especially aggravated rape of a
child, as described in § 39-13-535; or incest, as described in § 39-15-302.
(c) Criminal abortion is a Class C felony.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.