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HB 179

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 Yusuf Hakeem

Tennessee bill creates criminal abortion exemptions for medical emergencies and rape/incest pregnancies while leaving "emergency" definition vague and potentially exposing doctors to legal uncertainty.

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Bill Summary · HB 179

Legislative bill overview

HB 179 would amend Tennessee's criminal abortion laws to create explicit exemptions for abortions performed in medical emergencies affecting the pregnant person's physical or mental health, and for pregnancies resulting from rape or incest. The bill modifies Tennessee Code Annotated sections governing criminal abortion statutes across multiple titles.

Why is this important

Tennessee currently has restrictive abortion laws, and this bill would carve out specific circumstances where abortion would not constitute a criminal offense. The inclusion of mental health emergencies and rape/incest exceptions represents a significant shift from absolute prohibitions and could substantially affect pregnant individuals' access to abortion care in these situations.

Potential points of contention

  • Definition of "medical emergency": The bill doesn't specify what constitutes a qualifying mental or physical health emergency, potentially creating ambiguity in enforcement and physician decision-making
  • Burden of proof: Unclear whether patients must prove rape/incest occurred before receiving abortion or whether they have legal protection while doing so, raising concerns about victim safety and medical autonomy
  • Conservative opposition: Abortion opponents may argue that any exceptions undermine the intent of restrictive laws and that mental health claims could be used broadly to circumvent restrictions
  • Provider liability concerns: Healthcare providers may face uncertainty about legal protections when making judgments about medical necessity, potentially chilling care availability

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

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