reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19 - Bureau for Information on Missing Persons. › Section 26-19-7 - Duties of Law Enforcement Agencies Upon Receiving Report of Missing Person.

Section 26-19-7
Duties of law enforcement agencies upon receiving report of missing person.
Upon receiving a report of a person believed to be missing, the law enforcement agency shall conduct a preliminary investigation to determine whether the person is missing. If the person is determined to be missing, the agency shall immediately enter identifying and descriptive information about the person to the Alabama Center for Missing and Exploited Children (ACMEC) and to the National Crime Information Center (NCIC) through the Criminal Justice Information Center (CJIC). Law enforcement agencies having direct access to the CJIC and the NCIC computer shall enter and retrieve the data directly and shall cooperate in the entry and retrieval of data on behalf of law enforcement agencies which do not have direct access to the systems. Law enforcement agencies shall likewise report or enter data to ACMEC relating to unidentified deceased persons.
(Acts 1985, No. 85-538, p. 653, §7; Acts 1997, No. 97-416, p. 698, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19 - Bureau for Information on Missing Persons. › Section 26-19-8 - Duties of Law Enforcement Agencies Upon Locating Missing Person.

Section 26-19-8
Duties of law enforcement agencies upon locating missing person.
Immediately after a missing person is located, or an unidentified deceased person is subsequently identified, the law enforcement agency which locates or returns the missing person, or which identifies a previously unidentified deceased person, shall notify the law enforcement agency having jurisdiction over the investigation, and that agency shall cancel the entry from the state CJIC, the NCIC computer, and from ACMEC.
(Acts 1985, No. 85-538, p. 653, §8; Acts 1997, No. 97-416, p. 698, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19 - Bureau for Information on Missing Persons. › Section 26-19-9 - Board of Education to Compile and Distribute List of Missing School Children.

Section 26-19-9
Board of Education to compile and distribute list of missing school children.
The State Board of Education shall perform the following functions:
(1) Collect each month a list of missing Alabama school children, with a photograph, if available, as provided by ACMEC. A missing Alabama school child shall be defined for the purposes of this section as a child under 18 years whose whereabouts are unknown and who may reasonably be expected to be attending an Alabama school. The list shall be designed to include such information as the board deems necessary for the identification of the missing school child.
(2) Compile from the information collected pursuant to subdivision (1) a list of missing school children, to be distributed monthly to all public school systems admitting children to kindergarten through grade 12. The list shall include the names of all such missing children, together with such other information, with photographs, when available. The school systems shall distribute this information to the public schools in the system by whatever manner each system deems appropriate.
(3) Obtain from principals of public, private, and parochial schools in Alabama the name, birthdate, and Social Security number of each pupil who enrolls in the school for the first time and submit the information to ACMEC within thirty (30) days of the pupil's enrollment.
(Acts 1985, No. 85-538, p. 653, §9; Acts 1997, No. 97-416, p. 698, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19 - Bureau for Information on Missing Persons. › Section 26-19-10 - Public School Systems to Notify Department of Education and Acmec When Missing School Child Found.

Section 26-19-10
Public school systems to notify Department of Education and ACMEC when missing school child found.
Every public school system in this state shall notify the Department of Education and ACMEC immediately with respect to any child whose name appears on the department's list of missing school children who is subsequently found.
(Acts 1985, No. 85-538, p. 653, §10; Acts 1997, No. 97-416, p. 698, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19A - Missing Senior Citizen Alert. › Section 26-19A-1 - Short Title.

Section 26-19A-1
Short title.
This chapter shall be known and may be cited as the Missing and Endangered Persons Alert Act.
(Act 2009-145, p. 280, §1; Act 2020-40, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19A - Missing Senior Citizen Alert. › Section 26-19A-2 - Purpose.

Section 26-19A-2
Purpose.
The Missing and Endangered Persons Alert Act is enacted for the following purposes:
(1) To provide a rapid response to missing or lost persons living with a mental disability, physical disability, Alzheimer's disease, dementia, or autism who are at risk of bodily harm or death.
(2) To gain the voluntary assistance of the broadcast media to help locate missing and endangered persons.
(Act 2009-145, p. 280, §2; Act 2018-456, §1; Act 2020-40, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19A - Missing Senior Citizen Alert. › Section 26-19A-3 - Definitions.

Section 26-19A-3
Definitions.
When used in this chapter, the following words and terms shall have the following meanings:
(1) BROADCASTER. Any entity that is engaged in the business of broadcasting video or audio programs, whether through the public airwaves, by cable, by direct or indirect satellite transmissions, or by any other means of communication.
(2) DEPARTMENT. The Alabama State Law Enforcement Agency.
(3) MISSING AND ENDANGERED PERSONS ALERT. A voluntary program entered into by the department and other local and state law enforcement agencies and the Alabama Association of Broadcasters and broadcasters licensed to serve in the state, which provides that if the department verifies that a person living with a mental disability, physical disability, Alzheimer's disease, dementia, or autism is missing or lost and in danger, a media alert is transmitted. The broadcasters participating in the program then distribute the media alert.
(Act 2009-145, p. 280, §3; Act 2020-40, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19A - Missing Senior Citizen Alert. › Section 26-19A-4 - Missing and Endangered Persons Alert - When Activated.

Section 26-19A-4
Missing and endangered persons alert - When activated.
(a) A missing and endangered persons alert shall be activated by the department when a person is reported missing and an investigation reveals the following:
(1) The person is living with a mental disability, physical disability, Alzheimer's disease, dementia, or autism and is at risk of bodily harm or death.
(2) There is enough descriptive information about the person living with a mental disability, physical disability, Alzheimer's disease, dementia, or autism and at risk of bodily harm or death to believe an immediate media alert would help investigators locate the person. For persons living with a mental disability, physical disability, Alzheimer's disease, dementia, or autism, a statement from a caregiver that the missing person lives with a mental disability, physical disability, Alzheimer's disease, dementia, or autism shall be considered sufficient proof of the mental disability, physical disability, Alzheimer's disease, dementia, or autism.
(b) A report of a missing and endangered person may be made by a local law enforcement agency to the department as soon as a concerned party or caregiver believes the person is missing and the originating local law enforcement agency has entered identifying and descriptive information about the missing and endangered person to the Alabama Center for Missing and Exploited Children and to the National Crime Information Center pursuant to Section 26-19-7. Upon the submission of the report, a search in the missing and endangered person's local area may begin immediately, and the department may expand the search to include areas outside of the missing and endangered person's local area if needed.
(c) The department and local law enforcement agencies shall require law enforcement officers and other emergency personnel to complete first responder training for missing persons with Alzheimer's disease or other forms of dementia, if the training is available through the department, the Alabama Peace Officers' Standards and Training Commission, or the free training and certification program offered by the Alzheimer's Association. If a missing and endangered person report is made for a person living with Alzheimer's disease or dementia, the department and local law enforcement agencies shall utilize, if available, personnel who have participated in this training to assist in conducting the search.
(Act 2009-145, p. 280, §4; Act 2018-456, §1; Act 2020-40, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19A - Missing Senior Citizen Alert. › Section 26-19A-5 - Missing and Endangered Persons Alert - Activation.

Section 26-19A-5
Missing and endangered persons alert - Activation.
Once a determination has been made to activate the missing and endangered person media alert, the department shall do the following:
(1) Issue a local media alert via email indicating that a person living with a mental disability, physical disability, Alzheimer's disease, dementia, or autism is missing and believed to be in danger.
(2) Prepare and send via email the information and description of the missing and endangered person to the media in the appropriate area.
(3) Supplement the information by descriptions or photographs of the person to the media and the public through the following:
a. Email description.
b. Post the missing and endangered person's photograph on the department's website.
(4)a. Once the missing and endangered person is found or the case is closed, the initiating law enforcement agency shall notify the department, which shall distribute a media alert cancellation.
b. Law enforcement officials shall notify other agencies of the cancellation.
(Act 2009-145, p. 280, §5; Act 2020-40, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19B - Hiawayi Robinson Emergency Missing Child Alert System. › Section 26-19B-1 - Short Title.

Section 26-19B-1
Short title.
This chapter shall be known and may be cited as the Hiawayi Robinson Emergency Missing Child Alert System Act.
(Act 2015-28, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19B - Hiawayi Robinson Emergency Missing Child Alert System. › Section 26-19B-2 - Emergency Missing Child Alert System Established; Implementation.

Section 26-19B-2
Emergency Missing Child Alert System established; implementation.
(a) There is established a statewide Emergency Missing Child Alert System to be developed and implemented by the Secretary of the Alabama State Law Enforcement Agency, or his or her designee, who shall serve as the state coordinator of the alert system.
(b) The agency shall implement this system in conjunction with any existing missing child notification system used by the agency.
(c) All local law enforcement agencies shall participate in the alert system.
(Act 2015-28, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19B - Hiawayi Robinson Emergency Missing Child Alert System. › Section 26-19B-3 - Emergency Missing Child Alert - Criteria.

Section 26-19B-3
Emergency missing child alert - Criteria.
When a missing child report is given to a local law enforcement agency and every person accountable for the care of a child under 18 years of age, including, but not limited to, parents, grandparents, other relatives, teachers, or other caregivers, has been contacted and confirms that the whereabouts of the child is unknown, the local law enforcement agency shall immediately request an emergency missing child alert, if the criteria adopted by the Alabama State Law Enforcement Agency have been met.
(Act 2015-28, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19B - Hiawayi Robinson Emergency Missing Child Alert System. › Section 26-19B-4 - Emergency Missing Child Alert - Activation.

Section 26-19B-4
Emergency missing child alert - Activation.
(a) Once a determination has been made to activate an emergency missing child alert, the local law enforcement agency shall do the following:
(1) Immediately request the Alabama State Law Enforcement Agency to issue an emergency missing child alert, providing all pertinent information regarding the missing child to the agency.
(2) Supplement the information by descriptions and photographs of the child to the Alabama State Law Enforcement Agency for dissemination to the media, to the public through any means available, including the Internet, and by posting the missing child's photograph on the agency's website, if available.
(b) The Alabama State Law Enforcement Agency shall do both of the following:
(1) Prepare and send via email the information and description of the missing child to the media statewide.
(2) Post the missing child's photograph on the agency's website.
(c) Once a missing child is found or the case is closed, the originating law enforcement agency shall request the Alabama State Law Enforcement Agency to deactivate the emergency missing child alert.
(Act 2015-28, §4.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19B - Hiawayi Robinson Emergency Missing Child Alert System. › Section 26-19B-5 - Duties of Alabama State Law Enforcement Agency.

Section 26-19B-5
Duties of Alabama State Law Enforcement Agency.
(a) The Alabama State Law Enforcement Agency shall do all of the following:
(1) Adopt rules necessary to ensure the proper implementation of the emergency missing child alert system, including procedures for the activation and deactivation of the alert system.
(2) Prescribe forms for use by local law enforcement agencies for activating the alert system and transmitting information to the Alabama State Law Enforcement Agency regarding a missing child.
(3) Research enhanced technological methods for the expeditious public notification of a missing child, including electronic and web-based technologies and rapid telephone systems that alert residents in a targeted area, and implement those technological methods if feasible.
(b) The Alabama State Law Enforcement Agency or a local law enforcement agency may recruit public and commercial television, radio, cable, print or electronic media, other media, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system.
(c) The Alabama State Law Enforcement Agency may enter into agreements with participants in the alert system to provide necessary support for the alert system.
(Act 2015-28, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19B - Hiawayi Robinson Emergency Missing Child Alert System. › Section 26-19B-6 - Liability of Entities and Individuals.

Section 26-19B-6
Liability of entities and individuals.
An entity or individual participating in the dissemination of an alert generated through the alert system under this chapter is not liable for any civil damages arising from the dissemination of the alert absent unreasonable, wanton, willful, or intentional conduct.
(Act 2015-28, §6.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 20 - Sex Crime Records of Employees Supervising Children. › Section 26-20-1 - Certain Employers to Check Sex Crime Records of Applicants Who Would Supervise Minors; Limitations.

Section 26-20-1
Certain employers to check sex crime records of applicants who would supervise minors; limitations.
Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
(Acts 1985, No. 85-681, p. 1074, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 20 - Sex Crime Records of Employees Supervising Children. › Section 26-20-2 - Other Employers to Obtain Statement From Employees Disclosing Sex Crimes; Required Information; Disposition of Form Statement; Verification Process.

Section 26-20-2
Other employers to obtain statement from employees disclosing sex crimes; required information; disposition of form statement; verification process.
Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
(Acts 1985, No. 85-681, p. 1074, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 20 - Sex Crime Records of Employees Supervising Children. › Section 26-20-3 - Penalty for False Statements by Employees.

Section 26-20-3
Penalty for false statements by employees.
Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
(Acts 1985, No. 85-681, p. 1074, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 20 - Sex Crime Records of Employees Supervising Children. › Section 26-20-4 - Exempt Employees Required to Submit Statement.

Section 26-20-4
Exempt employees required to submit statement.
Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
(Acts 1985, No. 85-681, p. 1074, §4.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 20 - Sex Crime Records of Employees Supervising Children. › Section 26-20-5 - "Sex Crime" Defined.

Section 26-20-5
"Sex crime" defined.
Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
(Acts 1985, No. 85-681, p. 1074, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 20 - Sex Crime Records of Employees Supervising Children. › Section 26-20-6 - Records, Statements, etc., Required by Chapter to Be Confidential.

Section 26-20-6
Records, statements, etc., required by chapter to be confidential.
Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
(Acts 1985, No. 85-681, p. 1074, §6.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 21 - Parental Consent to Performing Abortion Upon Minor. › Section 26-21-2 - Definitions.

Section 26-21-2
Definitions.
For purposes of this chapter, the following definitions shall apply:
(1) MINOR. Any person under the age of 18 years;
(2) EMANCIPATED MINOR. Any minor who is or has been married or has by court order otherwise been legally freed from the care, custody, and control of her parents;
(3) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use or prescription is not an abortion if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, or to deliver the unborn child prematurely in order to preserve the health of both the mother (pregnant woman) and her unborn child. The term "abortion" as used herein does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman where the unborn child has a lethal anomaly. For the purposes of Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7, a "lethal anomaly" means the child would die at birth, or be stillborn. For purposes of Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7, the term "ectopic pregnancy" means any pregnancy resulting from a fertilized egg that was implanted or attached outside the uterus. The term "ectopic pregnancy" also includes a pregnancy resulting from a fertilized egg implanted inside the cornu of the uterus.
(4) MEDICAL EMERGENCY. A condition that, absent an abortion performed before the requirements of Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7 are met, and based on the applicable standard of care, is likely to result in the death of the pregnant woman or is likely to result in substantial irreversible impairment of a major bodily function.
(Acts 1987, No. 87-286, p. 397, §2; Act 2014-445, p. 1660, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 21 - Parental Consent to Performing Abortion Upon Minor. › Section 26-21-5 - Medical Emergencies.

Section 26-21-5
Medical emergencies.
This chapter shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him, a medical emergency exists that so compromises the health, safety, or well-being of the mother as to require an immediate abortion. A physician who does not comply with Sections 26-21-3 and 26-21-4 by reason of this exception shall state in the medical record of the abortion, the medical indications on which his or her judgment was based.
(Acts 1987, No. 87-286, p. 397, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 21 - Parental Consent to Performing Abortion Upon Minor. › Section 26-21-6 - Penalties for Violation of Chapter.

Section 26-21-6
Penalties for violation of chapter.
(a)(1) Any person who intentionally performs or causes to be performed an abortion in violation of the provisions of this chapter or intentionally fails to conform to any requirement of this chapter, shall be guilty of a Class A misdemeanor.
(2) Any conviction of any person for any failure to comply with the requirements of this chapter may result in the suspension of the person's professional license for a period of at least one year and shall be reinstated after that time only on such conditions as the appropriate regulatory or licensing body may require to insure compliance with this chapter.
(b) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall provide a basis for professional disciplinary action under any applicable statutory or regulatory procedure for the suspension or revocation of any license for physicians, psychologists, licensed social workers, licensed professional counselors, registered nurses, or other licensed or regulated persons.
(Acts 1987, No. 87-286, p. 397, §6; Act 2014-445, p. 1660, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 21 - Parental Consent to Performing Abortion Upon Minor. › Section 26-21-6.1 - Civil Action Under Chapter.

Section 26-21-6.1
Civil action under chapter.
In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall provide a basis for a civil action for compensatory and/or punitive damages. Any criminal conviction under this chapter shall be admissible in a civil suit as prima facie evidence of a failure to obtain an informed consent or parental or judicial consent. The civil action may be based on a claim that the action was a result of simple negligence, gross negligence, wantonness, willfulness, intention, or breach of other legal standard of care. The Medical Liability Act of 1987 shall not apply to any civil causes of action brought pursuant to Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7.
(Act 2014-445, p. 1660, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 21 - Parental Consent to Performing Abortion Upon Minor. › Section 26-21-7 - Nonliability of Physician for Claims Arising Out of Disclosure of Information; Nondisclosure of Information Regarding Abortion Pursuant to Court Order; Physician Has No Duty to Secure Waiver.

Section 26-21-7
Nonliability of physician for claims arising out of disclosure of information; nondisclosure of information regarding abortion pursuant to court order; physician has no duty to secure waiver.
(a) No physician who complies with the parental consent requirements of this chapter shall be liable in any manner to the minor upon whom the abortion was performed for any claim whatsoever arising out of or based on the disclosure of any information concerning the medical condition of such minor to her parent, parents, or legal guardian. Notwithstanding the foregoing, a physician who performs an abortion pursuant to a court order obtained under this chapter, shall not disclose any information regarding same to the parent, parents, or legal guardian of the minor unless such disclosure is made pursuant to a court order. In no event shall the physician be under any duty to initiate proceedings in any court to secure a waiver of the parental consent requirement on behalf of any minor who has requested that an abortion be performed.
(b) Any physician who complies with this chapter may not be held civilly liable to his or her patient for failure to obtain consent to the abortion required by this chapter.
(c) A physician or his or her agents who demonstrates compliance with the requirements of this chapter shall not bear criminal or civil liability for the deliberate, intentional, or willful action by the minor or any other person acting in concert with or on behalf of the minor to present fabricated, altered, forged, or counterfeit identification, certificates, or other documentation to satisfy the parental consent requirements of this chapter.
(Acts 1987, No. 87-286, p. 397, §7; Act 2014-445, p. 1660, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 21 - Parental Consent to Performing Abortion Upon Minor. › Section 26-21-8 - Confidentiality of Records and Information Involving Court Proceedings; Statistical Records; Penalty for Disclosure; Reports to Bureau of Vital Statistics.

Section 26-21-8
Confidentiality of records and information involving court proceedings; statistical records; penalty for disclosure; reports to Bureau of Vital Statistics.
(a) Records and information involving court proceedings conducted pursuant to Section 26-21-4 shall be confidential and shall not be disclosed other than to the minor, her attorney, and necessary court personnel. Nothing in this subsection shall prohibit the keeping of statistical records and information as long as the anonymity of the minor is in no way compromised.
(b) Any person who shall disclose any records or information made confidential pursuant to subsection (a) of this section shall be guilty of a Class C misdemeanor.
(c) Provided, however, any person who performs abortions, or his or her agent, shall furnish to the Bureau of Vital Statistics, on confidential forms furnished by the bureau, the following: (1) the number of abortions performed on each unemancipated and emancipated minor with written consent; (2) the number of abortions performed on each unemancipated and emancipated minor pursuant to juvenile or other court proceedings pursuant to Section 26-21-3(e); and (3) the number of abortions performed pursuant to Section 26-21-5 on each unemancipated and emancipated minor. Such reporting shall be provided annually as prescribed by the Bureau of Vital Statistics which shall be retained by the bureau for at least seven years. Such information prescribed shall include nonconfidential statistics, including, but not limited to: Age, race, and education level of minor.
(Acts 1987, No. 87-286, p. 397, §8.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 22 - Abortion of Viable Unborn Child. › Section 26-22-1 - Legislative Findings and Intent.

Section 26-22-1
Legislative findings and intent.
(a) The public policy of the State of Alabama is to protect life, born, and unborn. This is particularly true concerning unborn life that is capable of living outside the womb. The Legislature of the State of Alabama finds there are abortions being done in Alabama after the time of viability and in violation of its public policy.
(b) The Legislature specifically finds the following:
(1) Medical evidence shows there is a survival rate of babies born between ages 23 weeks to 29 weeks gestational age of 64 percent to 94 percent.
(2) In Webster v. Reproductive Health Services, 492 U.S. 499 (1989), the United States Supreme Court determined that viability may occur as early as 23 to 24 weeks gestational age. Also, the United States Supreme Court determined that requiring fetal viability testing at 20 weeks gestational age is constitutional, because there is up to a four week margin of error in determining gestational age.
(3) In the latest year of Alabama statistical reporting, 1994, there were reported to be 182 abortions performed at 20 or more weeks gestational age. There were also 70 abortions performed where no gestational age was stated.
(c) Subject to life and health exceptions to the mother, it is the intent of the Legislature to ban abortions of any unborn child that is capable of living outside the womb. To permit otherwise is a wanton disregard of human life.
(Acts 1997, No. 97-442, p. 746, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 22 - Abortion of Viable Unborn Child. › Section 26-22-2 - Definitions.

Section 26-22-2
Definitions.
The following words shall have the following meanings:
(1) ABORTION. The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child.
(2) FERTILIZATION. The fusion of a human spermatozoon with a human ovum.
(3) GESTATIONAL AGE. The age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman.
(4) HOSPITAL. An institution licensed pursuant to the provisions of the law of this state.
(5) LIVE BIRTH. When used with regard to a human being, means that the human being was completely expelled or extracted from his or her mother and after such separation, breathed or showed evidence of any of the following: Beating of the heart, pulsation of the umbilical cord, definite movement of voluntary muscles, or any brain-wave activity.
(6) MEDICAL EMERGENCY. The condition, which, on the basis of the physician's good-faith clinical judgment, so complicates a pregnancy as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
(7) PREGNANT. The female reproductive condition of having a developing fetus in the body and commences with fertilization.
(8) UNBORN CHILD and FETUS. An individual organism of the species homo sapiens from fertilization until live birth.
(9) VIABLE and VIABILITY. The stage of fetal development when, in the judgment of the physician based upon the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.
(Acts 1997, No. 97-442, p. 746, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 22 - Abortion of Viable Unborn Child. › Section 26-22-4 - Viability Testing.

Section 26-22-4
Viability testing.
Except in the case of a medical emergency, prior to performing an abortion upon a woman subsequent to her first 19 weeks of pregnancy, the physician shall determine whether, in his or her good faith medical judgment, the child is viable. When the physician has determined that a child is viable, he or she shall report the basis for his or her determination that the abortion is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman. When the physician has determined that a child is not viable after the first 19 weeks of pregnancy, he or she shall report the basis for such determination.
(Acts 1997, No. 97-442, p. 746, §4.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 22 - Abortion of Viable Unborn Child. › Section 26-22-5 - Interpretation.

Section 26-22-5
Interpretation.
Nothing in this chapter shall be construed to recognize a right to abortion or to make legal an abortion that is otherwise unlawful.
(Acts 1997, No. 97-442, p. 746, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23 - Alabama Partial-Birth Abortion Ban Act of 1997. › Section 26-23-1 - Short Title.

Section 26-23-1
Short title.
This chapter may be cited as the Alabama Partial-Birth Abortion Ban Act of 1997.
(Acts 1997, No. 97-485, p. 843, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23 - Alabama Partial-Birth Abortion Ban Act of 1997. › Section 26-23-2 - Definitions.

Section 26-23-2
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) FATHER. The biological father of the human fetus.
(2) MOTHER. The female who is pregnant with a live human fetus which may be subject to a partial-birth abortion under this chapter.
(3) PARTIAL-BIRTH ABORTION. An abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.
(4) PHYSICIAN. A doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state or any other individual legally authorized by the state to perform abortions. This definition shall also include any individual who is not a physician or is not otherwise legally authorized by the state to perform abortions, but who nevertheless performs a partial-birth abortion.
(Acts 1997, No. 97-485, p. 843, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23 - Alabama Partial-Birth Abortion Ban Act of 1997. › Section 26-23-3 - Felony Conviction.

Section 26-23-3
Felony conviction.
Any physician who knowingly performs a partial-birth abortion within this state and thereby kills a human fetus shall be guilty of a Class C felony and upon conviction thereof shall be punished as prescribed by law.
(Acts 1997, No. 97-485, p. 843, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23 - Alabama Partial-Birth Abortion Ban Act of 1997. › Section 26-23-4 - Life of Mother Exception.

Section 26-23-4
Life of mother exception.
Section 26-23-3 shall not apply to a partial-birth abortion that is necessary to save the life of a mother.
(Acts 1997, No. 97-485, p. 843, §4.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23 - Alabama Partial-Birth Abortion Ban Act of 1997. › Section 26-23-5 - Civil Action.

Section 26-23-5
Civil action.
The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. The relief shall be limited to monetary compensation for all injuries, psychological and physical, occasioned by a violation under this chapter and monetary punitive compensation as allowed by law.
(Acts 1997, No. 97-485, p. 843, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23 - Alabama Partial-Birth Abortion Ban Act of 1997. › Section 26-23-6 - Conspiracy.

Section 26-23-6
Conspiracy.
A woman upon whom a partial-birth abortion is performed may not be prosecuted under this chapter for a conspiracy to violate this chapter or for any other offense which is unlawful under this chapter.
(Acts 1997, No. 97-485, p. 843, §6.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23A - The Woman's Right to Know Act. › Section 26-23A-2 - Legislative Findings; Purpose.

Section 26-23A-2
Legislative findings; purpose.
(a) The Legislature of the State of Alabama finds that:
(1) It is essential to the psychological and physical well-being of a woman considering an abortion that she receive complete and accurate information on her alternatives.
(2) Most abortions are performed in clinics devoted solely to providing abortions and family planning services. Most women who seek abortions at these facilities do not have any relationship with the physician who performs the abortion, before or after the procedure. Most women do not return to the facility for post-surgical care. In most instances, the woman's only actual contact with the physician occurs simultaneously with the abortion procedure, with little opportunity to receive counseling concerning her decision.
(3) The decision to abort is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences. The medical, emotional, and psychological consequences of an abortion are serious and can be lasting or life threatening.
(b) Based on the findings in subsection (a), it is the purpose of this chapter to ensure that every woman considering an abortion receives complete information on the procedure, risks, and her alternatives and to ensure that every woman who submits to an abortion procedure does so only after giving her voluntary and informed consent to the abortion procedure.
(Act 2002-419, p. 1074, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23A - The Woman's Right to Know Act. › Section 26-23A-3 - Definitions.

Section 26-23A-3
Definitions.
For the purposes of this chapter, the following terms have the following meanings:
(1) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant. Such use or prescription is not an abortion if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, or to deliver an unborn child prematurely in order to preserve the health of both the mother (pregnant woman) and her unborn child.
(2) CONCEPTION. The fusion of a human spermatozoon with a human ovum.
(3) EMANCIPATED MINOR. Any minor who is or has been married or has by court order otherwise been legally freed from the care, custody, and control of her parents.
(4) GESTATIONAL AGE. The time that has elapsed since the first day of the woman's last menstrual period.
(5) MEDICAL EMERGENCY. That condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or in which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
(6) MINOR. Any person under the age of 18 years.
(7) PHYSICIAN. Any person licensed to practice medicine in this state. The term includes medical doctors and doctors of osteopathy.
(8) PREGNANT or PREGNANCY. The female reproductive condition of having an unborn child in the mother's (woman's) body.
(9) QUALIFIED PERSON. An agent of the physician who is a psychologist, licensed social worker, licensed professional counselor, registered nurse, or physician.
(10) UNBORN CHILD. The offspring of any human person from conception until birth.
(11) VIABLE. That stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life-supportive systems.
(12) WOMAN. Any female person.
(Act 2002-419, p. 1074, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23A - The Woman's Right to Know Act. › Section 26-23A-6 - Availability of Information in Video Format; Ultrasound Image.

Section 26-23A-6
Availability of information in video format; ultrasound image.
(a) All facilities where abortions are performed and all facilities of physicians who refer for abortion shall have video viewing equipment. The video that may be shown to those who want to see it shall be identified by title, updated from time to time by the Department of Public Health, and shall be objective, non-judgmental, and designed to convey accurate scientific and medical information, and shall contain at a minimum, the information required in subdivisions (3), (4), (5), (6), and (7) of subsection (a) of Section 26-23A-5.
(b) All facilities where abortions are performed and all facilities of physicians who refer for abortion shall have ultrasound equipment. An ultrasound shall be performed on each unborn child before an abortion is performed.
(c) The Department of Public Health shall develop a signature form for verifying that she has received the complete information as described in Section 26-23A-4, was offered the opportunity of viewing the video and ultrasound image of her unborn child, and provides her informed consent for an abortion on her unborn child.
(d) Facilities as used in this section shall not include hospitals that do not regularly or routinely perform abortions or are otherwise not defined by any statute or regulation as an abortion or reproductive health center. This shall not, however, relieve any facility or physician to whom this section is applicable from the obligations stated herein.
(Act 2002-419, p. 1074, §6.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23A - The Woman's Right to Know Act. › Section 26-23A-7 - Abortions to Be Performed by Physician.

Section 26-23A-7
Abortions to be performed by physician.
Only a physician may perform an abortion.
(Act 2002-419, p. 1074, §7.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23A - The Woman's Right to Know Act. › Section 26-23A-8 - Medical Emergency Abortions.

Section 26-23A-8
Medical emergency abortions.
(a) Where a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting his or her judgment that an abortion is necessary to avert her death or to avert substantial and irreversible impairment of a major bodily function.
(b) The Department of Public Health shall develop a signature form for recording the medical conditions associated with a medical emergency abortion. A signed copy of the abortion, and the original copy retained in the woman's medical file for the time required by law, but not less than four years.
(Act 2002-419, p. 1074, §8.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23A - The Woman's Right to Know Act. › Section 26-23A-9 - Violations.

Section 26-23A-9
Violations.
(a) Any person who intentionally, knowingly, or recklessly violates this chapter is guilty on a first offense of a Class B misdemeanor, on a second offense of a Class A misdemeanor, and on a third or subsequent offense of a Class C felony.
(b) After two convictions within a 12-month period of any person or persons at a specific abortion or reproductive health center, the license of such center shall be suspended for a period of 24 months and may be reinstated after that time only on conditions as the Department of Public Health requires to assure compliance with this chapter.
(Act 2002-419, p. 1074, §9.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23A - The Woman's Right to Know Act. › Section 26-23A-10 - Remedies.

Section 26-23A-10
Remedies.
In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall:
(1) Provide a basis for a civil action for compensatory and punitive damages. Any conviction under this chapter shall be admissible in a civil suit as prima facie evidence of a failure to obtain an informed consent or parental or judicial consent. The civil action may be based on a claim that the act was a result of simple negligence, gross negligence, wantonness, willfulness, intention, or other legal standard of care.
(2) Provide a basis for professional disciplinary action under any applicable statutory or regulatory procedure for the suspension or revocation of any license for physicians, psychologists, licensed social workers, licensed professional counselors, registered nurses, or other licensed or regulated persons. Any conviction of any person for any failure to comply with the requirements of this chapter shall result in the automatic suspension of his or her license for a period of at least one year and shall be reinstated after that time only on such conditions as the appropriate regulatory or licensing body shall require to insure compliance with this chapter.
(3) Provide a basis for recovery for the woman for the wrongful death of the child, whether or not the unborn child was viable at the time the abortion was performed or was born alive.
(Act 2002-419, p. 1074, §10.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23A - The Woman's Right to Know Act. › Section 26-23A-11 - Anonymity in Court Proceedings.

Section 26-23A-11
Anonymity in court proceedings.
In every civil or criminal proceeding or action brought under this chapter, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted, shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall issue written orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under Section 26-23A-10 shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
(Act 2002-419, p. 1074, §11.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23A - The Woman's Right to Know Act. › Section 26-23A-12 - Construction of Chapter.

Section 26-23A-12
Construction of chapter.
Nothing in this chapter shall be construed as creating or recognizing a right to abortion. It is not the intention of this chapter to make lawful an abortion that is currently unlawful nor to deny a woman an abortion that is lawful. Following abortion counseling, the withdrawal of consent to an abortion must be followed with appropriate referrals to ensure adequate care for a child that is to be delivered.
(Act 2002-419, p. 1074, §12.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23A - The Woman's Right to Know Act. › Section 26-23A-13 - Severability.

Section 26-23A-13
Severability.
If any one or more provision, section, subsection, sentence, clause, phrase, or word of this chapter or the application thereof to any person or circumstance is found to be invalid or unconstitutional, the same is hereby declared to be severable and the balance of this chapter shall remain effective. The Legislature hereby declares that it would have passed this chapter, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared invalid or unconstitutional.
(Act 2002-419, p. 1074, §14.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 23B - Alabama Pain-Capable Unborn Child Protection Act. › Section 26-23B-1 - Short Title.

Section 26-23B-1
Short title.
This chapter shall be known and may be cited as the Alabama Pain-Capable Unborn Child Protection Act.
(Act 2011-672, p. 1784, §1.)