|
26-23B-2
the lives of unborn children from the stage at which substantial medical evidence indicates
that they are capable of feeling pain is intended to be separate from and independent of Alabama's
compelling state interest in protecting the lives of unborn children from the stage of viability,
and neither state interest is intended to replace the other. (14) Mindful of Leavitt v. Jane
L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state
statute regulating abortion, the United States Supreme Court noted that an explicit
statement of legislative intent specifically made applicable to a particular statute is of
greater weight than a general savings or severability clause, it is the intent of this state
that if any one or more provisions, sections, subsections, sentences, clauses, phrases, or
words of this act or the application thereof to any person or circumstance is found to be
unconstitutional, the same is hereby declared to be severable and the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23B-2.htm - 4K - Match Info - Similar pages
26-21-1
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 concerning the child, and (5) parents who are aware that their minor daughter has
had an abortion may better insure that she receives adequate medical attention after...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-21-1.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23B-5.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-22-1.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23H-2.htm - 3K - Match Info - Similar pages
22-9A-13
prepare and file the report. (2) When the induced termination of pregnancy is performed outside
an institution, the physician in attendance shall prepare and file the report. (3) Beginning
January 1, 2012, the Office of Vital Statistics shall collect the following information for
all induced terminations of pregnancies in addition to information already collected; provided,
that the definition of induced termination of pregnancy in Section 22-9A-1(5) shall be construed
to include every abortion as defined in Section 26-23B-3(1). a. Postfertilization age:
1. If a determination of probable postfertilization age was made, whether ultrasound was employed
in making the determination, and the week of probable postfertilization age determined. 2.
If a determination of probable postfertilization age was not made, the basis of the determination
that a medical emergency existed. b. Method of abortion: Which of the following was
employed: 1. Medication abortion (such as, but not limited to,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-9A-13.htm - 9K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-22-2.htm - 2K - Match Info - Similar pages
26-21-4
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 are residents of this state. (b) The minor
may participate in proceedings in the court on her own behalf. The court shall advise her
that she has a right to be represented by an attorney and that if she is unable...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-21-4.htm - 11K - Match Info - Similar pages
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....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-57.htm - 28K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-22-3.htm - 3K - Match Info - Similar pages
|