Pennsylvania HB 2111: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in abortion, further providing for publicly owned facilities, public officials and public funds.

Bill Text

PRINTER'S NO. 2730
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2111
Session of
2026
INTRODUCED BY SHUSTERMAN, FIEDLER, BRENNAN, PIELLI, KINKEAD,
KHAN, HILL-EVANS, WAXMAN, DEASY, SCHLOSSBERG, HOHENSTEIN,
CEPEDA-FREYTIZ, SANCHEZ, O'MARA, GREEN AND OTTEN,
JANUARY 5, 2026
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 5, 2026
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in abortion, further providing for
publicly owned facilities, public officials and public funds.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3215(a)(2) and (3), (c), (i) and (j) of
Title 18 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 3215. Publicly owned facilities; public officials and public
funds.
(a) Limitations.--No hospital, clinic or other health
facility owned or operated by the Commonwealth, a county, a city
or other governmental entity (except the government of the
United States, another state or a foreign nation) shall:
* * *
[(2) Lease or sell or permit the subleasing of its
facilities or property to any physician or health facility
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for use in the provision, inducement or performance of
abortion, except abortion necessary to avert the death of the
woman or to terminate pregnancies initiated by acts of rape
or incest if reported in accordance with requirements set
forth in subsection (c).
(3) Enter into any contract with any physician or health
facility under the terms of which such physician or health
facility agrees to provide, induce or perform abortions,
except abortion necessary to avert the death of the woman or
to terminate pregnancies initiated by acts of rape or incest
if reported in accordance with requirements set forth in
subsection (c).]
* * *
[(c) Public funds.--No Commonwealth funds and no Federal
funds which are appropriated by the Commonwealth shall be
expended by any State or local government agency for the
performance of abortion, except:
(1) When abortion is necessary to avert the death of the
mother on certification by a physician. When such physician
will perform the abortion or has a pecuniary or proprietary
interest in the abortion there shall be a separate
certification from a physician who has no such interest.
(2) When abortion is performed in the case of pregnancy
caused by rape which, prior to the performance of the
abortion, has been reported, together with the identity of
the offender, if known, to a law enforcement agency having
the requisite jurisdiction and has been personally reported
by the victim.
(3) When abortion is performed in the case of pregnancy
caused by incest which, prior to the performance of the
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abortion, has been personally reported by the victim to a law
enforcement agency having the requisite jurisdiction, or, in
the case of a minor, to the county child protective service
agency and the other party to the incestuous act has been
named in such report.]
* * *
[(i) Public funds for legal services.--No Federal or State
funds which are appropriated by the Commonwealth for the
provision of legal services by private agencies, and no public
funds generated by collection of interest on lawyer's trust
accounts, as authorized by statute previously or subsequently
enacted, may be used, directly or indirectly, to:
(1) Advocate the freedom to choose abortion or the
prohibition of abortion.
(2) Provide legal assistance with respect to any
proceeding or litigation which seeks to procure or prevent
any abortion or to procure or prevent public funding for any
abortion.
(3) Provide legal assistance with respect to any
proceeding or litigation which seeks to compel or prevent the
performance or assistance in the performance of any abortion,
or the provision of facilities for the performance of any
abortion.
Nothing in this subsection shall be construed to require or
prevent the expenditure of funds pursuant to a court order
awarding fees for attorney's services under the Civil Rights
Attorney's Fees Awards Act of 1976 (Public law 94-559, 90 Stat.
2641), nor shall this subsection be construed to prevent the use
of public funds to provide court appointed counsel in any
proceeding authorized under section 3206 (relating to parental
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consent).
(j) Required statements.--No Commonwealth agency shall make
any payment from Federal or State funds appropriated by the
Commonwealth for the performance of any abortion pursuant to
subsection (c)(2) or (3) unless the Commonwealth agency first:
(1) receives from the physician or facility seeking
payment a statement signed by the physician performing the
abortion stating that, prior to performing the abortion, he
obtained a non-notarized, signed statement from the pregnant
woman stating that sh