Some Republican lawmakers have routinely proposed criminally prosecuting women for getting abortions since the U.S. Supreme Court overturned Roe v. Wade, despite bipartisan condemnation and criticism from national anti-abortion organizations. 

These bills never made it to the finish line, but they keep circulating in legislatures across the country. So-called “abortion abolitionists” who believe that abortion should be classified as homicide, and that fetuses, embryos and zygotes should have the same legal protections as people are often behind these measures, States Newsroom reported. 

This year, the Foundation to Abolish Abortion praised Republican lawmakers in Illinois, Kentucky and Tennessee who introduced bills that would punish people who get abortions. 

In Illinois, Republican Sen. Neil Anderson filed a bill that would have banned abortion from the moment of fertilization and classified abortion as homicide in the Democratic-led state. Anderson’s bill did not move past introduction, and he lost a leadership position in the chamber this month, Capitol News Illinois reported. 

In Tennessee, legislation concerning an anti-abortion monument was amended to criminalize abortion, potentially allowing women who seek abortion to be charged with murder. Sen. Mark Pody, the bill’s GOP sponsor, said he doesn’t have the votes in the Senate to pass the bill with the criminalization amendment, Tennessee Lookout reported. 

Elsewhere, proposals to crackdown on the availability of abortion medication — the most common way to terminate a pregnancy — are advancing in several Republican-led legislatures, while Democratic lawmakers are moving to fortify shield laws. 

Our reproductive rights reporting team will be tracking related bills through biweekly roundups as sessions continue this winter and into the spring. Depending on the partisan makeup of a state’s legislature and other state government officials, some bills have a better chance of passing and becoming law than others.

GOP legislators still introducing bills classifying abortion as homicide

Kentucky   

House Bill 714: Abortion is already illegal in Kentucky with no exceptions for victims of rape and incest. This bill, called the “Prenatal Equal Protection Act,” would go further by classifying abortion as homicide unless it’s needed to treat miscarriages or save a pregnant woman’s life. The penalties would be the same as those for killing a person, so violators could face anywhere from one year to life in prison. 

GOP Rep. Richard White introduced a similar bill last year that didn’t go anywhere. The Foundation to Abolish Abortion praised the new measure in a Tuesday news release. The organization criticized a Kentucky prosecutor’s decision last month to drop a fetal homicide charge against a woman who was accused of taking abortion medication.  

Status: Introduced in the House on Tuesday, Feb. 24, and sent to the Committee on Committees 

Sponsors: Republican Reps. Josh Calloway and Richard White  

South Carolina 

House Bill 3537: Legislation introduced by GOP Rep. Rob Harris would ban abortion from the moment of fertilization. Harris’ bill would also allow the prosecution of people who get abortions unless it’s necessary to manage miscarriages or save a pregnant person’s life. 

Harris filed this bill in previous legislative sessions, but it hasn’t gained traction, SC Daily Gazette reported. “Bills like these do nothing but terrify women out of wanting to get pregnant,” Tori Nardone, a woman who had to leave South Carolina to get an abortion for a fatal fetal anomaly, told lawmakers last month. “Please don’t make it worse than it already is.”

Status: Stalled in the House Judiciary Committee 

Sponsor: Republican Rep. Rob Harris 

South Dakota   

House Bill 1212: South Dakota bans abortion in most cases, but this bill would have codified abortion as fetal homicide in state law and defined abortion as a Class B felony, which carries punishment of up to life in prison and a fine of up to $50,000. The proposal included exceptions for miscarriage treatment or when a pregnant patient’s life is in danger.

The bill was deferred to the last day of the legislation session by the House Health and Human Services Committee, essentially preventing it from advancing.  

Status: Sidelined 

Sponsors: Rep. Tony Randolph and Sen. John Carley, Republicans 

Republican-led states push bills to crack down on abortion pills

Mississippi   

House Bill 1613: This legislation would make it illegal to sell, manufacture, distribute or dispense abortion-inducing drugs in the state, which bans all abortions unless the mother’s life or health is at risk, and if rape or incest is reported to law enforcement. 

Violators could face between one and 10 years in prison, and the state attorney general could enforce civil penalties against the person, too, Mississippi Free Press reported. The House passed the bill on Wednesday, Feb. 11. If the bill becomes law, it would take effect in July. 

Status: Referred to Senate Judiciary Committee last week 

Sponsors: Republican Reps. Kevin Horan and William Tracy Arnold 

South Dakota  

House Bill 1274: The state House passed a bill this week that would make dispensing, distributing, selling or advertising abortion pills and any other abortion-related “instrument” or “article” illegal, South Dakota Searchlight reported. 

Under the measure, the attorney general could seek penalties of up to $10,000 for each violation, and the money would go in a fund used to pursue anti-abortion litigation, according to Searchlight. South Dakota’s AG is already involved in a legal battle with a New York-based nonprofit over abortion medication ads it ran at gas stations across the state last year. 

Status: Approved in the House on Tuesday, Feb 24; in the Senate State Affairs committee 

Sponsors: Republican Reps. John Hughes and Greg Blanc 

Democratic lawmakers move to strengthen abortion-rights protections 

New Hampshire   

Senate Bill 551: New Hampshire, which has a Republican trifecta in government, is the only state in New England without a law that protects abortion providers and patients from out-of-state investigations into reproductive health care. Legislation introduced by Democratic Sen. Debra Altschiller in February would secure the right to reproductive health care and prohibit law enforcement from cooperating with investigations into related health care, New Hampshire Bulletin reported. 

The bill would make it illegal for the governor to comply with extradition requests for abortion providers and patients. It would also ban insurers from penalizing reproductive health care providers and let residents sue people or agencies that attempt to interfere with their reproductive rights, the Bulletin reported. 

Status: The Senate Judiciary Committee voted 3-2 on Tuesday, Feb. 17, that the bill was “inexpedient to legislate.” 

Sponsor: Democratic Sen. Debra Altschiller

Oregon   

House Bill 4088: An Oregon law approved in July 2023 protects providers who offer reproductive health care from losing their licenses, and shields patients and providers from related out-of-state investigations. Legislation introduced this year would beef up those safeguards. 

This bill would bar the governor from accepting extradition requests from other states against providers who offer legally protected reproductive health care and prohibit law enforcement from cooperating with interstate investigations into related care, Oregon Capital Chronicle reported. It would also block state officials from revoking midwifery licenses for people who face prosecution for reproductive health care in other states. 

Status: Approved by the House on Monday, Feb. 16; approved by the Senate Judiciary Committee Wednesday, Feb. 25

Sponsors: Rep. Lisa Fragala and Sen. Lisa Reynolds, Democrats