Kansas Senate Bill SB174

Kansas 2025-2026 Regular Session

• Introduced: 2/4/25
• Refer: 2/5/25

Caption

Enacting the abolish abortion Kansas act to make all abortions subject to criminal prosecution for violation of Alexa's law and to remove certain exceptions to the cause of action for the wrongful death of an unborn child when such death is caused by an abortion.

Summary

SB 174 would substantially expand Kansas criminal and civil law protections for unborn children and would effectively prohibit abortion by making all abortions subject to criminal prosecution under the state’s fetal homicide framework, “Alexa’s law.” The bill defines “unborn child” broadly as a living human organism from fertilization to birth, and it amends Kansas criminal statutes so that terms like “person” and “human being” include unborn children for specified offenses. It also revises the state’s compulsion/duress defense to allow a mother charged with murder or voluntary manslaughter to assert that defense if the victim was her unborn child and she was threatened with imminent death or great bodily harm. The bill also changes Kansas wrongful death law by allowing civil actions for the death of an unborn child, while preserving limited exceptions for certain life-saving procedures and other specified circumstances. It removes existing exceptions tied to abortion and replaces them with language that treats an unborn child’s death from abortion as generally actionable, while also stating that the act applies prospectively only to conduct occurring on or after July 1, 2025. The bill declares that its provisions prevail over conflicting state law and renames the amended fetal homicide provisions as both “Alexa’s law” and the “abolish abortion Kansas act.” Because the bill text and context provided do not include committee testimony or recorded votes, there is no documented legislative debate or vote history to gauge formal support or opposition. Based on the bill’s content and framing, the measure is strongly anti-abortion and designed to align Kansas law with a fetal personhood approach, which would likely have significant effects on abortion providers, pregnant patients, and civil litigants seeking wrongful death damages. The main points of contention are likely to center on abortion rights, constitutional authority, fetal personhood, and the scope of criminal and civil liability. Supporters would likely emphasize protection of unborn life, equal protection, and consistency with the state constitution as they interpret it, while opponents would likely argue that the bill criminalizes abortion, conflicts with established reproductive rights, and creates broad legal exposure for patients and medical professionals. The bill also raises due process concerns by extending criminal and civil definitions to unborn children and by potentially overriding other state-law provisions.

Impact

SB 174 would amend Kansas criminal and wrongful death statutes to treat unborn children as persons for specified offenses and civil claims, thereby expanding potential criminal prosecution and civil liability in cases involving fetal death. It would also narrow or eliminate abortion-related exceptions in those statutes, making abortion-related conduct subject to the bill’s fetal homicide framework, while preserving limited exceptions for certain life-saving medical procedures and other listed circumstances. The bill would apply only prospectively to conduct on or after July 1, 2025, and would repeal the existing versions of the amended statutes.

Sentiment

No committee transcript or vote record was provided, so there is no direct evidence of legislative sentiment from hearings or floor action. From the bill’s language and caption, the measure is clearly framed as a major anti-abortion proposal and appears intended to advance a fetal personhood approach. That framing suggests strong support from abortion opponents and strong opposition from abortion-rights advocates, though the actual legislative sentiment cannot be measured from the materials provided.

Contention

The central contention is whether Kansas should recognize unborn children as persons for criminal and wrongful death purposes, especially in the context of abortion. Supporters are likely to argue that the bill protects life from fertilization, aligns state law with constitutional principles as they interpret them, and closes loopholes that permit prenatal homicide. Opponents are likely to focus on the bill’s effect of criminalizing abortion, its expansion of liability for physicians and potentially pregnant patients, and its possible conflict with reproductive rights and due process protections. The bill’s limited exceptions for life-saving procedures and its prospective-only application may also be points of debate, but the core dispute is over abortion access and fetal personhood.