After the new Texas “heartbeat bill” went into effect, misinformation regarding the legislation has spread like wildfire.
Below are some common myths regarding Texas’ abortion law.
“Women can be prosecuted for abortions in Texas”
Under the new heartbeat bill, women cannot be prosecuted for seeking an abortion.
The bill states “AA This subchapter may not be construed to authorize the initiation of a cause of action against or the prosecution of a woman on whom an abortion is performed or induced or attempted to be performed or induced in violation of this subchapter.
Women cannot be sued or prosecuted for obtaining an abortion after 6 weeks.
“There are no medical exceptions”
Under the heartbeat bill, exceptions are made in the case of medical emergencies. What qualifies as an emergency is left up to the medical professional performing the procedure.
The bill states:
Sec.A171.205.AA EXCEPTION FOR MEDICAL EMERGENCY; RECORDS.
a) This subchapter does not apply if a physician believes a medical emergency exists that prevents compliance with this
subchapter.
Sec.A171.008.AAREQUIRED DOCUMENTATION.
(a) If an abortion is performed or induced on a pregnant woman because of a medical emergency, the physician who performs or induces the abortion shall execute a written document that certifies the abortion is necessary due to a medical emergency and specifies the woman’s medical condition requiring the abortion.
“Uber drivers will be held liable for driving women to an abortion clinic”
Uber drivers cannot be held liable unless the explicitly know that they’re aiding in an illegal act.
Uber drivers have no intent. Though they may be driving a woman to an abortion clinic, abortions are still legal in Texas. So long as there is no heartbeat in the fetus. An Uber driver could never detect such a thing.
Each state also has laws that allow civil and prosecutorial measures against those who aid and abet a murder. However an Uber can’t be charged as an accessory to murder fir simply driving someone to a scene where they then kill someone.
The Uber driver would have had no knowledge that a crime would happen at the clients destination.
The burden of proof still exists, and those involved have to be proven guilty.