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SD 3722

An Act to repeal archaic laws criminalizing pregnancy

194th Legislature (2025-2026) Introduced by Becca Rausch

Massachusetts bill repeals outdated criminal statutes targeting pregnancy, removing enforcement ambiguity and aligning state law with modern medical and constitutional standards.

Referred to the committee on The Judiciary
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Bill Summary · SD 3722

Legislative bill overview

SD 3722 proposes to repeal outdated Massachusetts statutes that criminalize pregnancy-related conduct. The bill targets laws that have become obsolete given modern medical knowledge and legal standards, removing criminal penalties that technically remain on the books despite being rarely or never enforced. This cleanup legislation aims to eliminate laws that contradict current constitutional protections and medical practice.

Why is this important

These archaic statutes create legal ambiguity and potential liability for pregnant individuals and healthcare providers, even if prosecution is unlikely. Removing them clarifies the legal landscape and ensures the state's criminal code reflects contemporary understanding of pregnancy, fetal development, and reproductive autonomy. The repeal prevents future misuse of outdated language and affirms current legal protections.

Potential points of contention

  • Interpretation of "archaic": Disagreement may exist over which specific statutes truly qualify as obsolete versus those with ongoing relevance to certain stakeholders
  • Abortion-related implications: Some may view this as a proxy measure addressing abortion law, while others argue it's purely technical cleanup unrelated to current reproductive policy debates
  • Scope of repeal: Questions could arise about whether the bill goes far enough in modernizing pregnancy-related law or extends beyond necessary technical corrections

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

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