Hello, my name is Amy O’Donnell. I’m the Communications Director for Texas Alliance for Life testifying in support of HB 44.
Contrary to what abortion activists often claim, women have never been successfully prosecuted under the pre-Roe law in Texas going back to 1854 when the law was first passed. HB 44 does not alter that. Instead, it brings consistency by aligning the medical necessity exception language across all abortion statutes, matching what’s in the Human Life Protection Act, and it ensures physicians and hospital attorneys receive education on how the law applies in rare and tragic cases when a pregnancy poses a threat to a pregnant woman’s life or health.
A comprehensive legal review by constitutional attorney Paul Linton overviews the fact that there is no evidence that, before Roe v. Wade was decided, women were prosecuted for abortion under Texas law. It further outlines they are not being prosecuted now for abortions, including self-administered abortions.
The most frequently cited studies covered by Linton in his legal review, do not support the claim women have been routinely investigated or prosecuted for abortion-related conduct. Most cases cited don’t involve abortion at all but rather unrelated issues like an unborn child’s death due to drug use or stillbirth. In the few cases where women attempted to end their pregnancies, most outcomes were dismissed or resolved through plea deals. No conviction for a self-managed abortion has been upheld on appeal.
HB 44 furthers education for physicians and attorneys in hospital settings to help ensure women receive the standard of care they deserve and Texas law allows. Texas Alliance for Life does not support prosecuting women who seek an abortion and this bill does not create any basis for prosecuting women.
I urge your support.