Abortionists can face harsher penalties starting Thursday, August 25, 2022, when the state’s “trigger law” takes effect. The Human Life Protection Act will make illegal abortion a felony and, most importantly, grant authority to the Texas attorney general to enforce the policy.
Abortion became illegal immediately in June when the state’s pre-Roe v. Wade statutes regained effect after the Supreme Court’s historic ruling in Dobbs v. Jackson Women’s Health Organization. Current pre-Roe laws, however, can only be enforced by local authorities with a punishment of two to five years in jail. The “trigger law” will enhance penalties to a felony and will grant the attorney general authority to bring a $100,000 civil lawsuit if abortionists break the law.
Pregnant mothers seeking abortion will not be punished. Miscarriage treatment is not impacted by the Pro-Life policy, and the law contains an exception to protect the life of a mother.
As more Democrat-run cities in Texas attempt to allow abortions to resume in the state, Texas Right to Life recognizes the need for additional enforcement methods. The new “trigger law” provides another avenue of stopping abortions by giving the attorney general ability to sue abortionists. Thus, even if local police or district attorneys refuse to investigate or prosecute illegal abortions on criminal charges, the abortionist could still face a $100,000 civil lawsuit from the state.
While the additional penalties are a welcome change, they are not enough to ensure preborn children are protected in our state. The Pro-Life movement has witnessed that we need a variety of enforcement tools to stop the abortion industry. Thus, Texas Right to Life is speaking with state lawmakers to pass a bill in the next legislative session that would allow private citizens to sue abortionists who break state law, similar to the Texas Heartbeat Act.