Tennessee Senate Bill SB0345

Tennessee 2025-2026 Regular Session

• Introduced: 1/28/25

Caption

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 15; Title 63 and Title 68, relative to women's health.

Summary

SB0345 amends Tennessee’s criminal abortion law to define when an abortion is exempt from criminal liability. Under the bill, a person commits the offense of criminal abortion if they perform or attempt to perform an abortion unless it is performed or attempted by a licensed physician who determines, based on the facts known at the time, that the abortion is necessary to protect the pregnant woman’s physical or mental health, or unless the pregnancy resulted from certain sexual offenses, including aggravated rape, rape, rape of a child, especially aggravated rape, especially aggravated rape of a child, or incest. The bill also states that criminal abortion remains a Class C felony. The measure is framed as an amendment to Tennessee law concerning women’s health, but its operative effect is to narrow and clarify the circumstances under which abortions may be lawfully performed without criminal exposure. It would take effect July 1, 2025, and would directly affect physicians, abortion providers, and patients by setting the legal boundaries for abortion-related conduct under Title 39.

Impact

The bill would amend Tennessee Code Annotated § 39-15-213 by replacing the existing subsections defining criminal abortion and its exceptions. It would preserve criminal penalties for abortions outside the stated exceptions, while expressly allowing physician-performed abortions when necessary to protect the pregnant woman’s physical or mental health or when the pregnancy is the result of specified rape or incest offenses. The bill would therefore affect criminal law enforcement, medical practice, and abortion access in Tennessee, while leaving criminal abortion classified as a Class C felony.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the text alone, the bill appears to reflect a restrictive approach to abortion regulation with limited exceptions, suggesting it would likely be viewed favorably by abortion-restriction advocates and opposed by abortion-rights supporters. The inclusion of exceptions for health and certain sexual offenses indicates an attempt to balance criminal prohibition with limited medical and victim-based carveouts.

Contention

The main points of contention are likely the scope of the exceptions and who decides whether an abortion is necessary to protect physical or mental health. Supporters may argue the bill preserves narrow, defined exceptions for serious medical circumstances and pregnancies resulting from rape or incest, while opponents may contend that it still criminalizes abortion broadly and places physicians at legal risk. Another likely dispute is whether the bill’s reliance on a physician’s judgment provides sufficient clarity and protection for patients and providers.