The Senate Committee on Judiciary heard SB 236 on abortion inducing drugs and abortion reports authored by Sen. Johnson. The bill in relevant part:
- Requires physicians to certify that the report was reviewed and approved by an attending physician, report is true and correct, and abortion was performed in compliance of the state’s laws under the penalty of perjury
- Provides that a person who manufactures, distributes, mails, transports, delivers, prescribes, or provides an abortion inducing drug is jointly and severally liable for:
- the wrongful death of an unborn child or pregnant woman from the use of an abortion inducing drug; and
- personal injury of an unborn child or pregnant woman from the use of the abortion inducing drug.
- Permits the mother or father of an unborn child to bring a wrongful death action for the wrongful death of the unborn child from the use of abortion inducing drugs.
- Provides qui tam actions against certain persons.
- Adds an exception to the criminal act if “the abortion inducing drug is being administered as part of an abortion authorized under this article or for the removal a dead fetus due to miscarriage.”
The Committee amended the relevant parts of the bill by consent to:
- Remove language that the attorney general would have concurrent jurisdiction with the prosecuting attorneys.
- Provide that a court may not award attorney’s fees or costs in certain actions seeking declaratory or injunctive relief concerning regulatory restriction on abortion if the award would violate the Constitution of the State of Indiana, the United States or federal law.
The Office of the Indiana Attorney General and members of the public testified in support of the bill. The Raindrops Rising Foundation, Good Trouble Coalition, Indiana State Medical Association, multiple doctors that specialize in obstetrics and gynecology, a lawyer, and members of the public testified in opposition to the bill. United Parcel Service, Inc. expressed concerns that the text related to delivery services was overbroad. The amended bill passed 7-4.
Read the bill at: https://iga.in.gov/legislative/2026/bills/senate/236