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Abortion bill that carves out exceptions for the life of the child and mother clears first hurdle

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NASHVILLE, Tenn. (WTVF) — Under Tennessee's current abortion trigger law, there are no exceptions to allow for the procedure to take place. But a bill, sponsored by Republicans, could potentially change that.

HB 883 was amended Tuesday to essentially do two things.

1) It allows for abortions if the life of the mother or child is in jeopardy.

2) Doctors would no longer automatically face charges if they conducted an abortion.

Republican Rep. Sabi Kumar of Springfield, who is a retired surgeon himself, explained why the bill is so important to Tennessee's medical professionals.

It essentially does two things.

One: it allows for abortions if the life of the mother or child is in jeopardy.

Two: Doctors would no longer automatically face charges if they conducted an abortion.

The bill's sponsor, Rep. Esther Helton-Haynes — a Republican from East Ridge, says it's a common sense, pro-life reform.

"The current trigger bill is confusing and contradictory, and it makes the physician guilty and it must prove their innocence. This bill provides better clarity and returns to normal judicial system practice: innocent until proven guilty. It protects the life of the mother and the life of the baby," she said.

Republican Representative Sabi Kumar of Springfield, who is a retired surgeon himself, explained why this bill is so important for Tennessee's medical professionals.

"My gosh, can you imagine going to work every day and being scared that you might run into a position that you could be criminally charged? Criminal charges are, as Chairman Farmer has said, are much more different and dangerous. There’s a situation in which their physician’s malpractice insurance will not cover," he said.

To be clear, the bill wouldn't allow any elective abortions. It would only be allowed to take place if a non-survivable fetal anomaly was detected in the child or fetus, or if the mother's health is at risk.

But the politically powerful Tennessee Right to Life came out in strong opposition. Will Brewer, legal counsel for the lobbyist organization, claims this would allow doctors to terminate a pregnancy too soon and not give enough time for things to work themselves out. He also claims this bill would let bad doctors off the hook.

"Any physician can come up with a reason for doing a termination, whether it’s good faith or bad faith. And I’m not saying a majority of these terminations are done in bad faith," said Brewer. "I’m saying, with the wording of this bill, bad faith can be asserted by a physician and used to their advantage with the subjective standard."

The bill passed the Population Health Subcommittee and moves on next to the House Health Committee. Some Republicans are also sponsoring a bill that would carve out exceptions for rape and incest as well.