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AG Kris Mayes says 1864 abortion law goes into effect June 27

Arizona State Senate could vote to repeal law Wednesday, May 1
Posted at 5:42 PM, Apr 30, 2024

TUCSON, Ariz. (KGUN) — An 1864 Arizona law that bans abortion in the state will go into effect early this summer if left unchanged.

Arizona Attorney General Kris Mayes announced June 27 as the earliest day the law can be enforced.

Last week, the Arizona House passed a repeal of the 1864 law under House Bill 2677.

The Arizona State Senate could take up the bill on Wednesday, May 1.

But first, the Senate first must be able to schedule a third read of the house bill before voting. Arizona Representative Stephanie Stahl Hamilton said that, if the House takes up a vote, there’s a good chance that it will pass.

“If they’re able to make the rule change and get the bill up on the board for third read, we’re cautiously optimistic that the votes will be there,” Stahl Hamilton said. “And should it succeed, it will go to the governor’s desk to be signed.”

If HB2677 is signed by the governor into law, the repeal would go into effect 90 days later. However, this would put the timing in conflict with the June 27 date when the 1864 law would go into effect.

Stahl Hamilton says that Attorney General Mayes can then ask for a stay to keep the current 15-week abortion ban in effect until the 90 days are up. This would mean that the June 27 date would come and go without the 1864 law going into effect.

If the 1864 law is repealed, the current 15-week abortion ban would remain law.

Last week’s successful repeal vote came after a handful of state lawmakers reversed their decision to support the 1864 law. Stahl Hamilton says that this shows that these lawmakers are listening to their constituents.

“We know that a vast majority of Arizonans do not want to live under the 1864 law,” she says. “I think that people needed time to go back to their communities and talk to their constituents before they were ready to come in and make the moves that they needed to make in order for the bill to get a hearing in the House.”

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Joel Foster is a multimedia journalist at KGUN 9 who previously worked as an English teacher in both Boston and the Tucson area. Joel has experience working with web, print and video in the tech, finance, nonprofit and the public sectors. In his off-time, you might catch Joel taking part in Tucson's local comedy scene. Share your story ideas with Joel at joel.foster@kgun9.com, or by connecting on Facebook, Instagram or X.