Bill would criminalize abortion in Georgia if Roe v. Wade was overturned

March 2, 2019
1 min read
Bill would criminalize abortion in Georgia if Roe v. Wade was overturned
Georgia State Capitol as seen from Peachtree Street - Atlanta, Georgia, 26.1.2013

A bill filed in the Georgia House of Representatives Friday would criminalize abortion in Georgia if Roe v. Wade was ever overturned or a constitutional amendment was passed giving states the right to determine the legality of abortion.

The Bill: The bill is House Bill 546, and it would effectively make abortion illegal in the state if conditions ever arose where the state would have the authority to make that decision. To go into effect, a joint session of the legislature and the governor would have to sign off on a resolution ratifying the act if Roe v. Wade were overturned or if a Constitutional Amendment gave states the right to make abortions illegal.

The Exceptions: The bill lays out several scenarios where abortion would be allowed including if a medical procedure was attempting to save the life of the unborn child, removing a dead fetus caused by spontaneous abortion or miscarriage, removing an ectopic pregnancy, a medical emergency that endangers the life of the mother, a medically futile pregnancy, a pregnancy in which a doctor with knowledge of the case deems the pregnancy to be nonviable or a threat to the mother’s life.

The Consequences: Under the bill, anyone who performs an illegal abortion would be guilty of a felony and punished with a fine of up to $100,000, up to 10 years in prison or both.

Who introduced it?: Georgia Gov. Brian Kemp introduced the bill through his floor leader Jodi Lott, a republican from Evans. Other sponsors include Dominic LaRiccia, Mandi Ballinger, Susan Holmes, Rick Jasperse, and Tom McCall. Three of the bill’s six sponsors are women.

What is the status of the bill?: The bill has had its second reading in the House and has yet to be voted on. Again, even if passed, the bill could not legally go into effect unless Roe v. Wade were overturned or an amendment was added to the constitution making it possible for states to create their own abortion law.

What’s the Next Step?: To be passed this year, the House must vote on and pass the bill by March 7, which is crossover day. If the bill passes by March 7, it will move to the senate. If it isn’t voted on, it will likely hold over until next year.

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