SB 453
Establishes civil actions for violations of the abortion laws of this state and for economic detriment to a person for misapplication or unequal enforcement of the law
LR Number:
Last Action:
3/2/2023 - Second Read and Referred S Health and Welfare Committee
Journal Page:
Effective Date:
August 28, 2023

Current Bill Summary

SB 453 - This act establishes civil actions for performing or inducing an abortion and for economic detriments caused by a public body or public employee.


This act establishes a cause of action against any person who performs or induces an abortion in violation of state law, any person who knowingly aids or abets the performance or induction of an abortion, and those persons who intend to engage in such conduct. The court shall award certain relief and damages, including attorney's fees and monetary damages in an amount not less than $10,000 for each violation. However, the defendant shall not pay such damages if he or she previously paid the full amount of damages in a previous action for that particular violation. Additionally, this act provides that the court shall not award costs or attorney's fees to a defendant in an action covered by these provisions.

This act further provides that such an action shall be brought no later than four years after the date the cause accrues. However, no action shall be brought by a person who impregnated a woman through rape, sexual assault, or incest nor shall an action be brought against a woman upon whom an abortion was performed or induced. Furthermore, this act provides that intervention in an action established by these provisions shall not be permissible by the state, any state official, or any prosecuting or circuit attorney.

Additionally, this act provides that certain defenses shall not be available, but certain defendants shall have an affirmative defense if the defendant proves by a preponderance of the evidence that he or she reasonably believed that the physician performing or inducing the abortion had or would comply with state abortion law.


This act creates a cause of action against a state or local public body or an employee thereof if the public body or an employee in performance of a statutory or constitutional duty causes an economic detriment to the person due to:

(1) An error in the application of any provision of law; or

(2) The enforcement of any order, ordinance, rule, regulation, policy, or other similar measure that imposes greater restrictions or burdens on the person than on others.

Upon a showing by a preponderance of the evidence that the public body or an employee thereof has caused an economic detriment to the person, the court shall award damages to the person in an amount equal to the amount of the economic detriment.

This provision is identical to SB 1028 (2022) and SB 595 (2021).



No Amendments Found.