HB1834
To Amend The Abortion Inducing Drugs Safety Act To Increase The Criminal Penalties And Clarify The Civil Penalties.
Last Action (May 1, 2023): Died in House Committee at Sine Die Adjournment
Sponsors
AI-Generated Summary
House Bill 1834 amends the Arkansas Abortion-Inducing Drugs Safety Act by increasing the criminal penalty for violating its provisions from a Class A misdemeanor to a Class D felony. The bill clarifies and expands civil remedies for non-compliance, including provisions for malpractice actions, professional disciplinary actions, and wrongful death claims. It establishes that a woman who has undergone a drug-induced abortion or the father of the unborn child may bring an action for damages against those who violate the act. Additionally, it authorizes the Attorney General, local prosecuting attorneys, and specific family members to seek injunctive relief to prevent further drug-induced abortions. The bill explicitly protects the pregnant woman upon whom the procedure is performed from civil liability. Finally, it outlines procedures for attorney's fees in cases of successful litigation or frivolous lawsuits.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill are individuals and groups who advocate for the restriction or prohibition of abortion services, as well as the unborn children and their fathers, who are provided with additional legal avenues to pursue civil remedies and injunctions against providers. State authorities, including the Attorney General and prosecuting attorneys, also gain increased legal authority and stronger penalty frameworks to enforce compliance with state abortion regulations.
Who Might Suffer?
The primary groups negatively impacted are healthcare providers and medical professionals who administer or facilitate drug-induced abortions, as they face increased criminal risks—up to a Class D felony—and broader exposure to civil litigation, including potential wrongful death suits and professional sanctions. Additionally, individuals seeking abortion services may be impacted by the potential chilling effect on the availability of such services, as healthcare providers may choose to cease providing them due to the heightened legal and financial risks established by this legislation.
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