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SB 1011

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 Charlane Oliver

The bill adds a licensed physician abortion exception when the pregnancy resulted from listed sexual violence crimes, shielding such abortions from criminal abortion charges.

Assigned to General Subcommittee of Senate Judiciary Committee
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Bill Summary · SB 1011

Summary of SB 1011 (HB 1105) — Tennessee 114th General Assembly

Purpose and Intent

SB 1011, introduced in the Senate and coupled with HB 1105 in the House, creates a statutory exception to the offense of criminal abortion in cases where the abortion is performed or attempted by a licensed physician and the pregnancy resulted from certain crimes of sexual violence. The bill amends Tennessee Code Annotated (TCA) Title 39, Chapter 15, Part 2.

Key Provisions

  • New exception (expanded list of qualifying circumstances):
    Section 39-15-213(g) provides that the offense of criminal abortion does not apply when:

    • The abortion is performed or attempted by a licensed physician, and
    • The pregnancy resulted from one of the following crimes:
    • aggravated rape (TCA 39-13-502)
    • rape (TCA 39-13-503)
    • rape of a child (TCA 39-13-522)
    • especially aggravated rape (TCA 39-13-534)
    • especially aggravated rape of a child (TCA 39-13-535)
    • incest (TCA 39-15-302)

  • Scope of exception:
    The exception explicitly ties the criminal abortion exemption to acts of sexual violence as defined by the listed statutes and requires the performer to be a licensed physician.

Affected Parties and Impacts

  • Medical practitioners: Licensed physicians who perform or attempt abortions in pregnancies resulting from the listed crimes would be shielded from criminal abortion charges under the specified circumstances.
  • Pregnant individuals: Survivors of aggravated rape, rape, rape of a child, especially aggravated rape, especially aggravated rape of a child, or incest could receive access to abortion services without the risk of criminal abortion prosecutions for the act itself when performed by a licensed physician.
  • Criminal justice system: The bill does not create new penalties or require new prosecutions; rather, it adds an affirmative exception to a current offense, with fiscal notes indicating no significant expected changes in prosecutions or court system workload.

Procedural and Timeline Details

  • Effective date: The act takes effect upon becoming law.
  • Status and actions:
    • Introduced February 5, 2025.
    • Passed first consideration (Senate) February 10, 2025.
    • Passed second consideration and referred to Senate Judiciary Committee February 12, 2025.
    • Assigned to General Subcommittee of Senate Judiciary Committee March 24, 2025.
  • Sponsorship: Senate sponsor is Charlane Oliver (co-sponsor), with HB 1105 in the House by Rep. Salinas.

Fiscal Considerations

  • Estimated impact: Not significant.
  • Fiscal notes: Changes to board rules (if any) can be accommodated during regular board meetings; no expected meaningful change in state or local revenue or expenditures, or court system burden due to this exception.

Bottom Line

SB 1011/HB 1105 adds a carve-out to the criminal abortion statute for cases where a licensed physician performs or attempts an abortion resulting from sexual violence (as defined by Tennessee rape, aggravated rape, incest, and related statutes). It clarifies legislative intent to protect physicians acting in these specific circumstances and aligns legal risk with the trauma and criminal context of the underlying crime.

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

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