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SB 345

Abortion - As introduced, specifies that the offense of criminal abortion does not include an abortion that was necessary due to a medical emergency affecting the physical or mental health of the pregnant person or performed on a patient whose pregnancy was the result of rape or incest. - Amends TCA Title 39, Chapter 15; Title 63 and Title 68.

114th Regular Session (2025-2026) Introduced by London Lamar

SB 345 carves out criminal abortion exceptions in Tennessee for medical emergencies affecting physical/mental health and pregnancies from rape or incest.

Passed on Second Consideration, refer to Senate Judiciary Committee
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Bill Summary · SB 345

Legislative bill overview

SB 345 creates exceptions to Tennessee's criminal abortion law for cases involving medical emergencies that affect the pregnant person's physical or mental health, as well as pregnancies resulting from rape or incest. The bill modifies Tennessee Code Annotated sections related to criminal abortion statutes and related regulations.

Why is this important

This bill directly addresses one of the most contentious aspects of abortion restrictions: how to balance fetal protection with pregnant persons' health and circumstances involving non-consensual pregnancy. The outcome will affect which abortion procedures remain criminalized in Tennessee and what legal protections or liabilities providers and patients face in specific medical situations.

Potential points of contention

  • Medical emergency definition: The bill references "physical or mental health" but doesn't precisely define what constitutes a qualifying medical emergency, potentially creating legal ambiguity for doctors deciding whether to proceed with abortion care
  • Mental health inclusion: Inclusion of mental health grounds is controversial; some argue this substantially broadens exceptions beyond life-threatening situations, while others contend mental health crises are legitimate medical emergencies
  • Rape and incest exceptions: While supported by many polls, opponents may argue these exceptions lack enforcement mechanisms (proof requirements) and philosophically conflict with absolute fetal protection positions

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

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