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Bill > HB812


MS HB812

MS HB812
Abortion; create crime of performing by an abortifacient supplied by a person or entity out-of-state.


summary

Introduced
01/16/2026
In Committee
01/16/2026
Crossed Over
Passed
Dead
02/03/2026

Introduced Session

2026 Regular Session

Bill Summary

An Act To Create The Felony Of Performing An Abortion By Use Of An Abortifacient Supplied By A Person Or Entity Outside The State; To Define Certain Terms; To Establish Criminal Penalties; To Authorize A Pregnant Woman Who Receives An Abortifacient To Bring A Civil Action Against A Person Or Entity Performing Or Attempting To Perform An Abortion In Violation Of This Act; To Establish Affirmative Defenses To Criminal And Civil Actions Brought Under This Act; And For Related Purposes.

AI Summary

This bill creates a new felony offense for performing or attempting to perform an abortion using an "abortifacient," which is defined as any drug or substance used to cause an abortion that requires a prescription or is not FDA-approved and primarily used for abortion. The bill specifically targets "foreign senders," defined as individuals or entities that mail, send by common carrier, or knowingly place an abortifacient into commerce with the intent that it be used in the state, or knowingly prescribe such a drug to someone in the state, regardless of the prescriber's location. Violators face a fine of up to $100,000 and/or up to ten years in prison, and it is not a defense that the foreign sender did not intend for an abortion to occur. The bill clarifies that a pregnant woman will not be charged for the death of her unborn child under this law. Additionally, a pregnant woman who receives an abortifacient can file a civil lawsuit against any person or entity that knowingly or intentionally performs or attempts to perform an abortion in violation of this act, seeking $10,000 in damages per violation and injunctive relief. Affirmative defenses to criminal or civil actions include lawful medical procedures by a licensed physician in the state or a pharmacy filling a valid prescription from a licensed physician in the state. This act is set to take effect on July 1, 2026.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/03/2026)

bill text


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