Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 95th General Assembly A Bill
3 Regular Session, 2025 HOUSE BILL 1011
4
5 By: Representative A. Collins
6
7
8 For An Act To Be Entitled
9 AN ACT TO CREATE THE RESTORE ROE ACT; TO RESTORE A
10 WOMAN'S ACCESS TO ABORTION SERVICES; TO PROTECT THE
11 HEALTH AND SAFETY OF WOMEN AND BABIES BY AUTHORIZING
12 ABORTION AND REPRODUCTIVE HEALTH CARE IN CERTAIN
13 CIRCUMSTANCES; AND FOR OTHER PURPOSES.
14
15
16 Subtitle
17 TO CREATE THE RESTORE ROE ACT; AND TO
18 RESTORE A WOMAN'S ACCESS TO ABORTION
19 SERVICES.
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. DO NOT CODIFY. TITLE.
24 This act shall be known and may be cited as the "Restore Roe Act".
25
26 SECTION 2. DO NOT CODIFY. Legislative intent.
27 It is the intent of the General Assembly to protect a woman’s right to
28 obtain abortion services up to the point of fetal viability, as provided for
29 in the United States Constitution, according to the United States Supreme
30 Court in the 1973 decision Roe v. Wade, 410 U.S. 113, 162 (1973), with
31 limited exceptions following fetal viability for the health or life of the
32 mother or in case of rape or incest perpetrated on a minor.
33
34 SECTION 3. Arkansas Code Title 5, Chapter 61, Subchapter 3, is
35 repealed.
36 Subchapter 3 — Arkansas Human Life Protection Act
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1
2 5-61-301. Title.
3 This subchapter shall be known and may be cited as the “Arkansas Human
4 Life Protection Act”.
5
6 5-61-302. Legislative findings and intent.
7 (a) The General Assembly finds that:
8 (1) It is time for the United States Supreme Court to redress
9 and correct the grave injustice and the crime against humanity which is being
10 perpetuated by its decisions in Roe v. Wade, Doe v. Bolton, and Planned
11 Parenthood v. Casey;
12 (2) The United States Supreme Court committed a grave injustice
13 and a crime against humanity in the Dred Scott decision by denying personhood
14 to a class of human beings, African-Americans;
15 (3) The United States Supreme Court also committed a grave
16 injustice and a crime against humanity by upholding the “separate but equal”
17 doctrine in Plessy v. Ferguson which withdrew legal protection from a class
18 of human beings who were persons under the United States Constitution,
19 African-Americans;
20 (4) A crime against humanity occurs when a government withdraws
21 legal protection from a class of human beings resulting in severe deprivation
22 of their rights, up to and including death;
23 (5) In Brown v. Board of Education, the United States Supreme
24 Court corrected its own grave injustice and crime against humanity created in
25 Plessy v. Ferguson by overruling and abolishing the fifty-eight-year-old
26 “separate but equal” doctrine, thus giving equal legal rights to African-
27 Americans;
28 (6) Under the doctrine of stare decisis, the three (3) abortion
29 cases mentioned in subdivision (a)(1) of this section meet the test for when
30 a case should be overturned by the United States Supreme Court because of
31 significant changes in facts or laws, including without limitation the
32 following:
33 (A) The cases have not been accepted by scholars, judges,
34 and the American people, as witnessed to by the fact that these cases are
35 still the most intensely controversial cases in American history and at the
36 present time;
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 HB1011
1 (B) New scientific advances have demonstrated since 1973
2 that life begins at the moment of conception and the child in a woman's womb
3 is a human being;
4 (C) Scientific evidence and personal testimonies document
5 the massive harm that abortion causes to women;
6 (D) The laws in all fifty (50) states have now changed
7 through “Safe Haven” laws to eliminate all burden of child care from women
8 who do not want to care for a child; and
9 (E) Public attitudes favoring adoption have created a
10 culture of adoption in the United States with many families waiting long
11 periods of time to adopt newborn infants;
12 (7) Before the United States Supreme Court decision of Roe v.
13 Wade, Arkansas had already enacted prohibitions on abortions under § 5-61-101
14 et seq., and authorized the refusal to perform, participate, consent, or
15 submit to an abortion under § 20-16-601;
16 (8) Arkansas Constitution, Amendment 68, states that the policy
17 of Arkansas is to protect the life of every unborn child from conception
18 until birth and that public funds shall not be used to pay for any abortion
19 except to save the life of the mother;
20 (9) Arkansas passed the Arkansas Human Heartbeat Protection Act,
21 § 20-16-1301 et seq., in 2013 which shows the will of the Arkansas people to
22 save the lives of unborn children;
23 (10) Arkansas has continued to pass additional legislation in
24 2015 and 2017 that further shows the will of the Arkansas people to save the
25 lives of unborn children;
26 (11)(A) Since the decision of Roe v. Wade, approximately
27 sixty million sixty-nine thousand nine hundred seventy-one (60,069,971)
28 abortions have ended the lives of unborn children.
29 (B) In 2015, six hundred thirty-eight thousand one hundred
30 sixty-nine (638,169) legal induced abortions were reported to the Centers for
31 Disease Control and Prevention from forty-nine (49) reporting areas in the
32 United States.
33 (C) The Department of Health reports that three thousand
34 two hundred forty-nine (3,249) abortions took place in Arkansas during 2017,
35 including abortions performed on out-of-state residents; and
36 (12) The State of Arkansas urgently pleads with the United States
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1 Supreme Court to do the right thing, as it did in one of its greatest cases,
2 Brown v. Board of Education, which overturned a fifty-eight-year-old
3 precedent of the United States, and reverse, cancel, overturn, and annul Roe
4 v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey.
5 (b) It is the intent of this subchapter to ensure that abortion in
6 Arkansas is abolished and protect the lives of unborn children.
7
8 5-61-303. Definitions.
9 As used in this subchapter:
10 (1)(A) “Abortion” means the act of using, prescribing,
11 administering, procuring, or selling of any instrument, medicine, drug, or
12 any other substance, device, or means with the purpose to terminate the
13 pregnancy of a woman, with knowledge that the termination by any of those
14 means will with reasonable likelihood cause the death of the unborn child.
15 (B) An act under subdivision (1)(A) of this section is not
16 an abortion if the act is performed with the purpose to:
17 (i) Save the life or preserve the health of the
18 unborn child;
19 (ii) Remove a dead unborn child caused by spontaneous
20 abortion; or
21 (iii) Remove an ectopic pregnancy;
22 (2) “Fertilization” means the fusion of a human spermatozoon
23 with a human ovum;
24 (3) “Medical emergency” means a condition in which an abortion
25 is necessary to preserve the life of a pregnant woman whose life is
26 endangered by a physical disorder, physical illness, or physical injury,
27 including a life-endangering physical condition caused by or arising from the
28 pregnancy itself; and
29 (4) “Unborn child” means an individual organism of the species
30 Homo sapiens from fertilization until live birth.
31
32 5-61-304. Prohibition.
33 (a) A person shall not purposely perform or attempt to perform an
34 abortion except to save the life of a pregnant woman in a medical emergency.
35 (b) Performing or attempting to perform an abortion is an unclassified
36 felony with a fine not to exceed one hundred thousand dollars ($100,000) or
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1 imprisonment not to exceed ten (10) years, or both.
2 (c) This section does not:
3 (1) Authorize the charging or conviction of a woman with any
4 criminal offense in the death of her own unborn child; or
5 (2) Prohibit the sale, use, prescription, or administration of a
6 contraceptive measure, drug, or chemical if the contraceptive measure, drug,
7 or chemical is administered before the time when a pregnancy could be
8 determined through conventional medical testing and if the contraceptive
9 measure, drug, or chemical is sold, used, prescribed, or administered in
10 accordance with manufacturer instructions.
11 (d) It is an affirmative defense to prosecution under this section if
12 a licensed physician provides medical treatment to a pregnant woman which
13 results in the accidental or unintentional injury or death to the unborn
14 child.
15
16 SECTION 4. Arkansas Code Title 5, Chapter 61, Subchapter 4, is
17 repealed.
18 Subchapter 4 — Arkansas Unborn Child Protection Act
19
20 5-61-401. Title.
21 This subchapter shall be known and may be cited as the “Arkansas Unborn
22 Child Protection Act”.
23
24 5-61-402. Legislative findings and intent.
25 (a) The General Assembly finds that:
26 (1) It is time for the United States Supreme Court to redress
27 and correct the grave injustice and the crime against humanity which is being
28 perpetuated by its decisions in Roe v. Wade, Doe v. Bolton, and Planned
29 Parenthood v. Casey;
30 (2) The United States Supreme Court committed a grave injustice
31 and a crime against humanity in the Dred Scott decision by denying personhood
32 to a class of human beings, African-Americans;
33 (3) The United States Supreme Court also committed a grave
34 injustice and a crime against humanity by upholding the “separate but equal”
35 doctrine in Plessy v. Ferguson, which withdrew legal protection from a class
36 of human beings who were persons under the United States Constitution,
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1 African-Americans;
2 (4) A crime against humanity occurs when a government withdraws
3 legal protection from a class of human beings, resulting in severe
4 deprivation of their rights, up to and including death;
5 (5) In Brown v. Board of Education, the United States Supreme
6 Court corrected its own grave injustice and crime against humanity created in
7 Plessy v. Ferguson by overruling and abolishing the fifty-eight-year-old
8 “separate but equal” doctrine, thus giving equal legal rights to African-
9 Americans;
10 (6) Under the doctrine of stare decisis, the three (3) abortion
11 cases mentioned in subdivision (a)(1) of this section meet the test for when
12 a case should be overturned by the United States Supreme Court because of
13 significant changes in facts or laws, including without limitation the
14 following:
15 (A) The cases have not been accepted by scholars, judges,
16 and the American people, as witnessed to by the fact that these cases are
17 still the most intensely controversial cases in American history and at the
18 present time;
19 (B) New scientific advances have demonstrated since 1973
20 that life begins at the moment of conception and that the child in a woman's
21 womb is a human being;
22 (C) Scientific evidence and personal testimonies document
23 the massive harm that abortion causes to women;
24 (D) The laws in all fifty (50) states have now changed
25 through “Safe Haven” laws to eliminate all burden of child care from women
26 who do not want to care for a child; and
27 (E) Public attitudes favoring adoption have created a
28 culture of adoption in the United States, with many families waiting long
29 periods of time to adopt newborn infants;
30 (7) Before the United States Supreme Court decision of Roe v.
31 Wade, Arkansas had already enacted prohibitions on abortions under § 5-61-101
32 et seq., and authorized the refusal to perform, participate, consent, or
33 submit to an abortion under § 20-16-601;
34 (8) Arkansas Constitution, Amendment 68, states that the policy
35 of Arkansas is to protect the life of every unborn child from conception
36 until birth and that public funds shall not be used to pay for any abortion,
6 11/20/2024 9:27:50 AM
 HB1011
1 except to save the life of the mother;
2 (9) Arkansas passed the Arkansas Human Heartbeat Protection Act,
3 § 20-16-1301 et seq., in 2013, which shows the will of the Arkansas people to
4 save the lives of unborn children;
5 (10) Arkansas has continued to pass additional legislation in
6 2015, 2017, and 2019 that further shows the will of the Arkansas people to
7 save the lives of unborn children;
8 (11)(A) Since the decision of Roe v. Wade, approximately
9 sixty million sixty-nine thousand nine hundred seventy-one (60,069,971)
10 abortions have ended the lives of unborn children.
11 (B) In 2015, six hundred thirty-eight thousand one hundred
12 sixty-nine (638,169) legal induced abortions were reported to the Centers for
13 Disease Control and Prevention from forty-nine (49) reporting areas in the
14 United States.
15 (C) The Department of Health reports that two thousand
16 nine hundred sixty-three (2,963) abortions took place in Arkansas during
17 2019, including abortions performed on out-of-state residents; and
18 (12) The State of Arkansas urgently pleads with the United States
19 Supreme Court to do the right thing, as they did in one of their greatest
20 cases, Brown v. Board of Education, which overturned a fifty-eight-year-old
21 precedent of the United States, and reverse, cancel, overturn, and annul Roe
22 v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey.
23 (b) It is the intent of this subchapter to ensure that abortion in
24 Arkansas is abolished and to protect the lives of unborn children.
25
26 5-61-403. Definitions.
27 As used in this subchapter:
28 (1)(A) “Abortion” means the act of using, prescribing,
29 administering, procuring, or selling of any instrument, medicine, drug, or
30 any other substance, device, or means with the purpose to terminate the
31 pregnancy of a woman, with knowledge that the termination by any of those
32 means will with reasonable likelihood cause the death of the unborn child.
33 (B) An act under subdivision (1)(A) of this section is not
34 an abortion if the act is performed with the purpose to:
35 (i) Save the life or preserve the health of the
36 unborn child;
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1 (ii) Remove a dead unborn child caused by spontaneous
2 abortion; or
3 (iii) Remove an ectopic pregnancy;
4 (2) “Fertilization” means the fusion of a human spermatozoon
5 with a human ovum;
6 (3) “Medical emergency” means a condition in which an abortion
7 is necessary to preserve the life of a pregnant woman whose life is
8 endangered by a physical disorder, physical illness, or physical injury,
9 including a life-endangering physical condition caused by or arising from the
10 pregnancy itself; and
11 (4) “Unborn child” means an individual organism of the species
12 Homo sapiens from fertilization until live birth.
13
14 5-61-404. Prohibition.
15 (a) A person shall not purposely perform or attempt to perform an
16 abortion except to save the life of a pregnant woman in a medical emergency.
17 (b) Performing or attempting to perform