HB 3038 Oklahoma House · 2026 Regular Session

Abortion; Abolition of Abortion Act; purpose; enforcement; wrongful death; victim of an unborn child; homicide; exceptions; emergency.

HB 3038, titled the "Abolition of Abortion Act," reclassifies abortion as homicide under Oklahoma law, making it a criminal offense punishable by the same legal standards applied to harm against born individuals. It directly affects pregnant people, healthcare providers performing abortions, and families seeking wrongful death claims related to abortions. Key provisions include removing existing exceptions allowing abortion, requiring documented informed consent, and amending wrongful death laws to permit lawsuits when abortions occur under specific circumstances like coercion, lack of consent, or medical negligence. Exceptions cover life-saving procedures for the mother (with reasonable efforts to save the fetus) and spontaneous miscarriages.

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 2, 2026 Last action Feb 3, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Proposed Policy Committee Substitute 1 · 5 edits

MODERATE

This bill was substantially rewritten by the Policy Committee to replace the original text with a more comprehensive version. The changes include reorganizing the bill structure, adding detailed provisions about wrongful death claims for unborn persons, and clarifying enforcement mechanisms. The new version maintains the core purpose of protecting preborn persons while adding more specific legal language about how wrongful death cases are handled.

Scope change

The bill's scope remains focused on abortion restrictions and wrongful death protections for unborn persons, but the language has been expanded to include more detailed provisions about enforcement and damages.

TECHNICAL

Bill header and formatting were completely restructured with new committee information and page numbering.

Page references and requirement numbers were updated throughout the document.

DEFINITION

Purpose statement was reorganized with the same four main goals but presented in a different order and format.

REQUIREMENT

New language added prohibiting retroactivity of the law, which was not explicitly stated in the original version.

ENFORCEMENT

Wrongful death section was expanded with more detailed provisions about how damages are distributed and what exceptions apply.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 3, 2026

Committee

Referred to Criminal Judiciary

lower

Feb 2, 2026

Introduced

First Reading

lower

2 primary · 0 co-sponsors