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26-23B-2
Section 26-23B-2 Legislative findings. The Legislature makes all of the following findings:
(1) Pain receptors (nociceptors) are present throughout the unborn child's entire body by
no later than 16 weeks after fertilization and nerves link these receptors to the brain's
thalamus and subcortical plate by no later than 20 weeks. (2) By eight weeks after fertilization,
the unborn child reacts to touch. After 20 weeks, the unborn child reacts to stimuli that
would be recognized as painful if applied to an adult human, for example by recoiling. (3)
For the purposes of surgery on unborn children, fetal anesthesia is routinely administered
and is associated with a decrease in stress hormones compared to their level when painful
stimuli is applied without such anesthesia. (4) In the unborn child, application of such painful
stimuli is associated with significant increases in stress hormones known as the stress response.
(5) Subjection to such painful stimuli is associated with long-term...
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26-21-1
Section 26-21-1 Legislative purpose and findings. (a) It is the intent of the Legislature in
enacting this parental consent provision to further the important and compelling state interests
of: (1) protecting minors against their own immaturity, (2) fostering the family structure
and preserving it as a viable social unit, and (3) protecting the rights of parents to rear
children who are members of their household. (b) The Legislature finds as fact that: (1) immature
minors often lack the ability to make fully informed choices that take account of both immediate
and long-range consequences, (2) the medical, emotional, and psychological consequences of
abortion are serious and can be lasting, particularly when the patient is immature, (3) the
capacity to become pregnant and the capacity for mature judgment concerning the wisdom of
an abortion are not necessarily related, (4) parents ordinarily possess information essential
to a physician's exercise of his or her best medical judgment...
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26-23B-5
Section 26-23B-5 Abortion prohibited where postfertilization age of unborn child at least 20
weeks; exception. (a) No person shall perform or induce or attempt to perform or induce an
abortion upon a woman when it has been determined, by the physician performing or inducing
or attempting to perform or induce the abortion or by another physician upon whose determination
that physician relies, that the probable postfertilization age of the unborn child of the
woman is 20 or more weeks unless, in reasonable medical judgment, the woman has a condition
which so complicates her medical condition as to necessitate the abortion of her pregnancy
to avert her death or to avert serious risk of substantial and irreversible physical impairment
of a major bodily function, not including psychological or emotional conditions. No such condition
shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage
in conduct which she intends to result in her death or in substantial...
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26-22-1
Section 26-22-1 Legislative findings and intent. (a) The public policy of the State of Alabama
is to protect life, born, and unborn. This is particularly true concerning unborn life that
is capable of living outside the womb. The Legislature of the State of Alabama finds there
are abortions being done in Alabama after the time of viability and in violation of its public
policy. (b) The Legislature specifically finds the following: (1) Medical evidence shows there
is a survival rate of babies born between ages 23 weeks to 29 weeks gestational age of 64
percent to 94 percent. (2) In Webster v. Reproductive Health Services, 492 U.S. 499 (1989),
the United States Supreme Court determined that viability may occur as early as 23 to 24 weeks
gestational age. Also, the United States Supreme Court determined that requiring fetal viability
testing at 20 weeks gestational age is constitutional, because there is up to a four week
margin of error in determining gestational age. (3) In the latest...
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26-23H-2
Section 26-23H-2 Legislative Findings. (a) This state's statute criminalizing abortion, Section
13A-13-7, has never been repealed. It has remained unenforceable as a result of the U.S. Supreme
Court decision in Roe v. Wade, 410 U.S. 113 (1973) and its progeny, which struck down as unconstitutional
a Texas statute criminalizing abortion and which effectively repealed by implication and made
unenforceable all other state statutes criminalizing abortion. (b) On November 6, 2018, electors
in this state approved by a majority vote a constitutional amendment to the Constitution of
Alabama of 1901 declaring and affirming the public policy of the state to recognize and support
the sanctity of unborn life and the rights of unborn children. The amendment made it clear
that the Constitution of Alabama of 1901 does not include a right to an abortion or require
the funding of abortions using public funds. (c) In present state law, Section 13A-6-1 defines
a person for homicide purposes to include an...
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22-9A-13
Section 22-9A-13 Reports of fetal death; reports of induced termination of pregnancy. (a) A
report of fetal death shall be filed with the Office of Vital Statistics, or as otherwise
directed by the State Registrar, within five days after the occurrence is known if the fetus
has advanced to, or beyond, the twentieth week of uterogestation. (1) When a fetal death occurs
in an institution, the person in charge of the institution or his or her designated representative
shall prepare and file the report. (2) When a fetal death occurs outside an institution, the
physician in attendance shall prepare and file the report. (3) When a fetal death occurs without
medical attendance, the county medical examiner, the state medical examiner, or the coroner
shall determine the cause of fetal death and shall prepare and file the report. (4) When a
fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance
in this state or when a dead fetus is found in this state and...
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26-22-2
Section 26-22-2 Definitions. The following words shall have the following meanings: (1) ABORTION.
The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge
that the termination by those means will, with reasonable likelihood, cause the death of the
unborn child. (2) FERTILIZATION. The fusion of a human spermatozoon with a human ovum. (3)
GESTATIONAL AGE. The age of the unborn child as calculated from the first day of the last
menstrual period of the pregnant woman. (4) HOSPITAL. An institution licensed pursuant to
the provisions of the law of this state. (5) LIVE BIRTH. When used with regard to a human
being, means that the human being was completely expelled or extracted from his or her mother
and after such separation, breathed or showed evidence of any of the following: Beating of
the heart, pulsation of the umbilical cord, definite movement of voluntary muscles, or any
brain-wave activity. (6) MEDICAL EMERGENCY. The condition, which, on the...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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25-5-57
Section 25-5-57 Compensation for disability. (a) Compensation schedule. Following is the schedule
of compensation: (1) TEMPORARY TOTAL DISABILITY. For injury producing temporary total disability,
the compensation shall be 66 2/3 percent of the average weekly earnings received at the time
of injury, subject to a maximum and minimum weekly compensation as stated in Section 25-5-68,
but if at the time of injury the employee received average weekly earnings of less than the
minimum stated in Section 25-5-68, then he or she shall receive the full amount of the average
weekly earnings per week. This compensation shall be paid during the time of the disability,
but at the time as a temporary total disability shall become permanent, compensation for the
continued total disability shall be governed by (a)(4) of this section with respect to permanent
total disability. Payments are to be made at the intervals when the earnings were payable,
as nearly as may be, unless the parties otherwise agree....
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26-22-3
Section 26-22-3 Prohibition, exceptions, and regulations. (a) Prohibition. Except as provided
in subsection (b), no person shall intentionally, knowingly, or recklessly perform or induce
an abortion when the unborn child is viable. (b) Exceptions. (1) It shall not be a violation
of subsection (a) if an abortion is performed by a physician and that physician reasonably
believes that it is necessary to prevent either the death of the pregnant woman or the substantial
and irreversible impairment of a major bodily function of the woman. No abortion shall be
deemed authorized under this paragraph if performed on the basis of a claim or a diagnosis
that the woman will engage in conduct which would result in her death or in substantial and
irreversible impairment of a major bodily function. (2) It shall not be a violation of subsection
(a) if the abortion is performed by a physician and that physician reasonably believes, after
making a determination of the viability of the unborn child in...
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