Two Tennessee Republicans are seeking to impose the death penalty on women who have abortions, requiring the same penalties for women “involved in the homicide of her own unborn child” as defendants charged with homicide.
An amendment drafted for House Bill 570/Senate Bill 738 that’s not yet been voted on would allow prosecutors to charge women who obtain abortions with fetal homicide, punishable by life imprisonment, life without parole, or in some cases, the death penalty.
Sponsored by Rep. Jody Barrett, R-Dickson, and Rep. Mark Pody, R-Lebanon, the bill was referred to the House Population Health Subcommittee and is not yet on the calendar to be considered.
The bill specifically removes legal protections for pregnant women currently in statute, and classifies harm done to an unborn child as equal to assault on a person “born alive.”
It would not apply to “a spontaneous miscarriage,” or to “unintentional death of an unborn child” after “undertaking life-saving procedures” to save the life of the mother and “to save the life of the unborn child.” No other exceptions are specified in the amendment text.
Retroactive prosecutions of women who were “involved in the assault of her unborn child” or “involved in the homicide of her own unborn child” before the bill goes into effect would not be allowed.
If passed, the bill would take effect July 1.