Georgia Commons

House · Introduced · 2025-2026 Regular Session

HB 1313: Crimes and offenses; certain legal action protections for healthcare professionals administering medical treatment to pregnant women; provide

Last action February 18, 2026 · House Second Readers

House Bill 1313 would bar Georgia law enforcement from arresting people for performing or helping with an abortion or related medical treatment allowed under existing law, and would shield people from legal penalties over pregnancy outcomes like miscarriage or stillbirth.

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In plain language

Georgia's feticide law (O.C.G.A. § 16-5-80) currently makes it a crime to cause the death of an unborn child through certain acts. This bill adds language saying no state or local law enforcement agency may arrest someone for performing or aiding an abortion, or giving treatment that might lead to one, as long as it follows the rules in Georgia's abortion law (O.C.G.A. § 16-12-141). It also adds a new provision saying people cannot be investigated or penalized, criminally or civilly, over pregnancy outcomes such as miscarriage, stillbirth, ectopic pregnancy, abortion, or a fetal death that happened in the womb. The bill also updates the affirmative defense available to licensed physicians in the abortion law, clarifying that doctors are protected when treating a pregnant woman results in accidental injury or death to an unborn child, or when they perform or assist an abortion to save the woman's life or avoid serious, irreversible harm to her. Finally, it narrows what counts as 'unprofessional conduct' for medical licensing purposes (O.C.G.A. § 43-34-8), so only abortions that actually violate the affirmative-defense rules in § 16-12-141 count against a medical license.

What the bill does

  • Adds language to Georgia's feticide law barring police from arresting anyone for performing or aiding an abortion, or treatment that may lead to one, if it follows the rules in O.C.G.A. § 16-12-141.
  • Creates a new legal shield (subsection (c.1)) protecting individuals from investigation or criminal or civil penalty over pregnancy outcomes including miscarriage, stillbirth, ectopic pregnancy, abortion, or in-utero fetal death.
  • Expands the affirmative defense in Georgia's abortion law so physicians are protected for performing or aiding an abortion to save the pregnant woman's life or avoid serious, irreversible harm to her.
  • Narrows the definition of 'unprofessional conduct' for medical licensing so only abortions that actually violate the affirmative-defense standard in § 16-12-141 can trigger discipline against a doctor's license.

Who it affects

Pregnant women, doctors and other healthcare professionals who provide pregnancy-related or abortion care, state and local law enforcement agencies, and the state medical licensing board (which oversees physician discipline under O.C.G.A. § 43-34-8) are all directly affected by this bill's changes.

Why it matters

If enacted, doctors treating pregnant patients and people involved in abortion care that complies with existing law would face reduced risk of arrest, prosecution, or losing their medical license. People who experience miscarriage, stillbirth, or other pregnancy loss would also gain explicit legal protection from being investigated or penalized over the outcome.

Key provisions

  • Section 1 amends the feticide statute (O.C.G.A. § 16-5-80) to bar arrests for abortions or related treatment performed in accordance with § 16-12-141.
  • Section 1 also adds subsection (c.1), shielding individuals from investigation or civil or criminal penalty over pregnancy outcomes such as miscarriage, stillbirth, ectopic pregnancy, abortion, or perinatal death occurring in utero.
  • Section 2 revises the affirmative defense in § 16-12-141(h)(1) to cover physicians who perform or aid an abortion to avert the pregnant woman's death or avoid serious, irreversible harm to her.
  • Section 3 amends the medical licensing statute (O.C.G.A. § 43-34-8) so that only abortions violating the § 16-12-141(h)(1) standard count as unprofessional conduct.
  • Section 4 repeals any conflicting laws.

From the bill

no state or local law enforcement agency shall arrest any individual for performing or aiding in the performance of an abortion in this state, or administering treatment that may lead to an abortion, if the abortion is performed in accordance within the provisions of Code Section 16-12-141

This new language stops police from arresting people for abortions or related treatment that follow existing Georgia law.

an individual shall not be subject to investigation, civil or criminal penalty, or otherwise deprived of their rights under this article based on their actions or omissions with respect to a pregnancy or an actual, potential, or alleged pregnancy outcome, including miscarriage, stillbirth, ectopic pregnancy, abortion, or perinatal death due to causes that occurred in utero

This new subsection protects people from legal penalties tied to pregnancy loss or outcomes.

Status timeline

  1. 2026-02-18House Second Readers (House)
  2. 2026-02-17House First Readers (House)
  3. 2026-02-12House Hopper (House)

Sponsors

  • Stacey Evans (D, HD-057)Primary sponsor
  • Tanya Miller (D, HD-062)
  • Shea Roberts (D, HD-052)
  • Jasmine Clark (D, HD-108)
  • Park Cannon (D, HD-058)
  • Michelle Au (D, HD-050)

Topics

  • abortion law
  • reproductive health
  • medical licensing
  • law enforcement
  • feticide law

Ask about this bill

Answers come from this document. Not legal advice.

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HB1313: Crimes and offenses; certain legal action protections for healthcare professionals administering medical treatment to pregnant women; provide | Georgia Commons