NASHVILLE, Tenn. — A bill that would make it a crime to help pregnant minors get abortion care, even if it includes taking them out of state, passed a Senate committee on Tuesday. It is now headed to the Senate Calendar Committee, which will send it to the floor for a full vote.
The bill was introduced by Rep. Jason Zachary (R - Knoxville) and Sen. Paul Rose (R - West Tennessee) and makes it a Class-C felony to help minors get abortion treatment. It would carry a similar penalty to kidnapping in Tennessee.
People would face a felony if they conceal "an act that would constitute a criminal abortion" from the parents or guardians of an unemancipated minor. They would also face a felony for helping facilitate abortion care out of state for a minor, or getting abortion-inducing drugs for a minor.
It would not matter if minors want abortion care, and the bill would not apply to parents or legal guardians of unemancipated minors. It was amended in the House to exempt minors with a medical diagnosis, or out-of-state consultation about pregnancy care. The diagnosis or medical care specifically could not include abortion care, or arrangements to travel for abortion care.
On top of the felony charge, people who help minors get abortion care could also face civil litigation from the parents of a minor. However, the bill specifically excludes fathers from bringing lawsuits against people if the minor's pregnancy resulted from rape or incest by the father.
"SB 1971 is a direct attack on young people's lives and ability to have thriving futures. Further, this bill impacts all of us and our ability to live self-determined lives: to support loved ones, share information, and freely express our political views without fear of jail time or a lawsuit,” said Briana Perry in a release, the Interim Executive Director of Healthy and Free Tennessee.
The House version's sponsor, Rep. Jason Zachary (R - Knoxville), previously said it was meant to be a parental rights bill.
The House version passed the House Health Committee in February, but it was put behind the budget in the House's Finance, Ways and Means Subcommittee.
“Abortion is a safe, and time-sensitive health care procedure, and it remains legal in some nearby states,” said Ashley Coffield in a previous release, CEO of Planned Parenthood of Tennessee and North Mississippi. “Targeting trusted adults, family members, and helpers who assist minors in accessing abortion will have a chilling effect and is dangerous and irresponsible. If you know a minor who miscarries, you’re a potential suspect.”
The release also said the bill could be especially dangerous for minors living in abusive situations.
“Most minors involve a parent in their decision to get an abortion. But for young people living in abusive households, disclosing sexual activity or pregnancy can trigger physical or emotional abuse, including direct physical or sexual violence, or being thrown out of the home. This bill makes criminals out of trusted adults, including other family members, who can help in these circumstances," the release said.
Idaho has been the only state to enact a so-called "abortion trafficking” law. The first-of-its-kind measure made it illegal to obtain abortion pills for a minor or help them leave the state for an abortion without parental knowledge and consent.
A federal judge blocked the law after reproductive rights groups sued to challenge it.