PROPOSAL THAT COULD POTENTIALLY SUBJECT WOMEN WHO HAVE ABORTIONS TO THE DEATH PENALTY STALLED

CNF

2/27/26

A controversial proposal that could potentially subject individuals who have abortions to the death penalty is currently stalled and unlikely to move forward in its current form.

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  • Senate Sponsor Dropping Support: State Sen. Mark Pody (R-Lebanon) announced on February 24 that he will not bring the measure for a vote in the Senate. He cited a lack of support among his colleagues, stating, “I don’t have the votes in the Senate, so there’s no sense in running it”.
  • The Proposal: The legislation originated as a draft amendment to House Bill 570 / Senate Bill 738 by Rep. Jody Barrett (R-Dickson). It seeks to classify abortion as “fetal homicide” by treating preborn children the same as born persons under criminal law.
  • Death Penalty Link: While the amendment text does not explicitly mention the “death penalty,” it removes existing legal protections for pregnant women. By classifying abortion as homicide, it would automatically trigger Tennessee’s existing sentencing laws, which include life imprisonment and capital punishment. Rep. Barrett acknowledged that the death penalty would be a “possibility” in extreme circumstances under this framework.
  • Current Status: As of February 26, the bill has been referred to the House Population Health Subcommittee but is not currently scheduled for a calendar hearing or a floor vote.
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Governor Bill Lee has declined to comment directly on the specific penalties of the bill, stating his primary focus is protecting the life of children.

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