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HB 1105

Abortion - As introduced, creates an exception to the offense of criminal abortion if the person who performed or attempted to perform the abortion was a licensed physician and the patient's pregnancy was the result of rape or incest. - Amends TCA Title 39, Chapter 15, Part 2.

114th Regular Session (2025-2026) Introduced by Gabby Salinas

Tennessee bill creates criminal abortion exception for licensed physicians in rape/incest pregnancies, narrowing state's near-total ban.

Taken off notice for cal in s/c Population Health Subcommittee of Health Committee
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Bill Summary · HB 1105

Legislative bill overview

HB 1105 would create a narrow exception to Tennessee's criminal abortion laws, allowing licensed physicians to perform abortions in cases where the pregnancy resulted from rape or incest. The bill amends the state's existing abortion statutes to carve out this specific circumstance from criminal liability.

Why is this important

Tennessee currently has some of the nation's most restrictive abortion laws with limited exceptions. This bill directly affects access to abortion for a vulnerable population—rape and incest survivors—and represents a significant point of debate in a state that has progressively tightened abortion restrictions over recent years. The outcome could meaningfully impact reproductive rights policy in Tennessee.

Potential points of contention

  • Defining "rape or incest" for legal purposes: Establishing clear legal standards for what qualifies (reported vs. unreported, conviction requirements, timeframes) could create procedural barriers for patients seeking care
  • Physician liability concerns: Doctors may hesitate to perform these abortions due to unclear enforcement mechanisms, burden of proof requirements, or fear of prosecution if reporting standards aren't explicit
  • Conflict with existing restrictions: Tennessee's current near-total abortion ban may create legal ambiguities about how this exception interacts with existing statutes, potentially limiting its practical effect

Compiled from official sources — confirm details with the bill’s official record.

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