Texas’ trigger law has officially gone into effect, making performing an abortion a felony punishable by up to life in prison and a civil penalty of not less than $100,000, plus attorney fees, with only narrow exceptions to save the life of a pregnant patient, reports the Texas Tribune. The trigger law criminalizes performing an abortion from the moment of fertilization unless the pregnant patient is facing “a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy.”
However, the Texas District and County Attorneys Association has raised concerns about the language of the law, citing a 1994 case where the Supreme Court ruled that a defendant who is convicted and punished for a criminal offense cannot also have a non-remedial civil penalty imposed against them. Similarly, if a defendant pays a civil fine, they cannot be criminally prosecuted for the same offense. The $100,000 penalty could foreclose criminal prosecution.