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AUSTIN, Texas - The countdown begins for a trigger law to take effect in the same state that Roe v. Wade originated in.
The Human Life Protection Act will take effect in late August after an official decision overturning the landmark case from the U.S. Supreme Court.
13 states around the nation have similar trigger laws, some of which began immediately with the news of the decision. Texas on the other hand wrote the law to go into effect 30 days after Roe v. Wade was overturned so that at that point there could be no appeals or rehearings.
The polarizing opinion released on June 24 regarding Dobbs v. Jackson's Women's Health Organization set the stage for the reversal.
While the state already bans almost all abortions, the trigger law makes the stakes higher for abortion providers. The Texas Supreme Court ruled that the state can enforce an abortion ban dating back to 1925 that already included fines and repercussions against abortion providers.
PREVIOUS COVERAGE:
- Texas 'trigger law' increasing penalties for abortion providers goes into effect Aug. 25
- Supreme Court overturns Roe v. Wade; abortion bans anticipated in several states
- State by state: Abortion laws across the U.S.
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The Human Life Protection Act makes it a first or second-degree felony to perform an abortion.
If the abortion is successful, those who execute one can face up to life in prison. If unsuccessful, a person can face up to 20 years in prison. This comes with a $100,000 fine. Medical professionals can also lose their medical licenses.
Both the pre-Roe statute and the trigger law have only narrow exceptions to save the life of the pregnant patient.
The life or death scenarios have proven to be murky territory as the definition of life-saving abortion remains unclear, with medical providers left to juggle the legal consequences of certain life-saving medical procedures that can be considered abortion.
There are no exceptions for rape or incest. Experts say this creates unsafe scenarios for women in domestic abuse situations.
It is still legal to get an abortion out of state as a Texan. As for bordering states, Mississippi, Arkansas, and Oklahoma, all have total bans on abortion. New Mexico and Colorado allow abortions after 22 weeks; Kansas and Louisiana allow abortion up to 22 weeks.
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