ArkansasSB5912025 Regular SessionSenate

TO PROHIBIT RACE-SELECTION ABORTION IN THIS STATE; AND TO CREATE THE RACE DISCRIMINATION BY ABORTION PROHIBITION ACT.

Sponsored By: Clint Penzo (Republican), Karilyn Brown (Republican)

Enacted

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Women gain abortion-case liability and privacy protections

A woman who receives or tries to receive a prohibited abortion cannot be prosecuted or held criminally or civilly liable under this law. She also gets crime-victim rights, protections, and notices in related cases. Her identity stays confidential in civil cases unless she consents to disclosure. Specified proceedings must use a substitute name unless she gives written consent. These protections take effect only after Arkansas's attorney general certifies that a court blocks enforcement of the state's life-saving-emergency-only abortion limits, or that one or both underlying laws have been repealed or amended to allow other abortions.

Providers face race-selection abortion limits

Providers cannot intentionally perform or attempt an abortion they know is sought solely because of the unborn child's race. Before any abortion, providers must ask whether the woman knows that race and explain the ban if she does. They must request records covering her entire pregnancy history and spend reasonable time and effort obtaining them before proceeding. The definition excludes procedures to save life or preserve health, remove a pregnancy lost through miscarriage, or remove an ectopic pregnancy. If courts invalidate the ban before viability, it still applies after viability. These rules take effect only after Arkansas's attorney general certifies that a court blocks enforcement of the state's life-saving-emergency-only abortion limits, or that one or both underlying laws have been repealed or amended to allow other abortions.

Abortion violations bring penalties and damages

Knowingly performing or attempting a prohibited abortion is a Class A misdemeanor, and violating providers face license suspension or revocation. A woman who received a prohibited abortion without being told about the ban may sue for a reckless violation. A parent or guardian may also sue for a minor or legally incompetent woman. Claims can include actual and punitive damages, plus statutory damages equal to 10 times the abortion's cost. The woman's spouse, parent, guardian, current or former licensed healthcare provider, or Arkansas attorney general may seek a court order stopping further abortions. These penalties and remedies take effect only after Arkansas's attorney general certifies that a court blocks enforcement of the state's life-saving-emergency-only abortion limits, or that one or both underlying laws have been repealed or amended to allow other abortions.

Sponsors & Cosponsors

Sponsors

  • Clint Penzo

    Republican • Senate

  • Karilyn Brown

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 107 • No: 32

House vote • 4/16/2025

House Vote - Wednesday, April 16, 2025 12:35:12 PM

Yes: 63 • No: 17 • Other: 4

Senate vote • 4/9/2025

Senate Vote - Wednesday, April 9, 2025 9:54:14 PM

Yes: 29 • No: 6

Senate vote • 4/8/2025

Senate Vote - Tuesday, April 8, 2025 6:24:03 PM

Yes: 15 • No: 9 • Other: 4

Actions Timeline

  1. Notification that SB591 is now Act 973

    4/23/2025Senate
  2. DELIVERED TO GOVERNOR.

    4/16/2025Senate
  3. Reported correctly enrolled and ordered delivered to the Governor.

    4/16/2025Senate
  4. ORDERED ENROLLED

    4/16/2025Senate
  5. Returned from the House as passed.

    4/16/2025Senate
  6. Returned to the Senate as passed.

    4/16/2025House
  7. Read the third time and passed and ordered transmitted to the Senate.

    4/16/2025House
  8. Returned by the Committee Do Pass

    4/15/2025House
  9. Read the first time, rules suspended, read the second time and referred to the Committee on PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE- HOUSE

    4/10/2025House
  10. RECEIVED FROM THE SENATE

    4/10/2025House
  11. Ordered immediately transmitted to the House.

    4/9/2025Senate
  12. Read the third time and passed.

    4/9/2025Senate
  13. Rules suspended.

    4/9/2025Senate
  14. REPORTED CORRECTLY ENGROSSED

    4/9/2025Senate
  15. Amendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.

    4/9/2025Senate
  16. Placed on second reading for purpose of amendment.

    4/9/2025Senate
  17. Rules suspended.

    4/9/2025Senate
  18. Motion to Expunge the Vote by which SB591 failed. Motion Carried.

    4/8/2025Senate
  19. Read the third time and failed.

    4/8/2025Senate
  20. Returned by the Committee, with the recommendation that it Do Pass

    4/7/2025Senate
  21. Read first time, rules suspended, read second time, referred to PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE

    3/31/2025Senate
  22. Filed

    3/31/2025Senate

Bill Text

  • SB591 - Introduced

    3/31/2025

  • Act Version

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