Fulton DA Won't Prosecute Women Under GA's New Heartbeat Bill

ATLANTA -- Fulton County District Attorney Paul Howard does not intend to prosecute women under Georgia's newly signed abortion law, called the Heartbeat Bill. The bill, recently signed by Gov. Brian Kemp, is set to take effect next year. Howard's office said he will continue to follow the Roe v. Wade precedent from the U.S. Supreme Court.

The bill, authored by a suburban Atlanta Republican lawmaker, outlaws most abortions after about six weeks, which is when a fetal heartbeat is usually first detected. It would allow abortions in cases where the mother's life or health is in danger, or in cases of medical emergency. It also says an unborn child at any stage of development in the womb would be included in state population-based counts.

Howard made the announcement as fallout continues to build from the bill, which was passed earlier this year by the Georgia General Assembly. Cobb County's acting District Attorney says women will not be prosecuted in Georgia if they get an abortion, because the bill doesn't classify abortion as murder, currently interpreted under Georgia law.

"The fact the state has redefined personhood to include fetus does not subject women to murder charges," said Cobb acting DA John Melvin. "The murder statute forbids causing 'the death of another human being.' The legislature could have defined murder as causing “the death of a human being” but it did not. The difference is subtle but important. 'A' is an indefinite article and would encompass a fetus under the murder statute if that statute said 'causes the death of a human being because a fetus now has personhood status and is 'a' human being. But murder uses the adjective 'another,' which means 'some other, distinct, unique' which implies concepts of viability.

"Because a fetus cannot survive outside the womb, it would not qualify as 'another' human being under our murder statute."

The bill has been under fire from Hollywood, pro-choice, Democrats and liberal activists across the nation. Over the weekend, two of Hollywood's biggest names -- Ron Howard and Brian Glazer -- said they would boycott Georgia if the bill withstands almost-certain legal challenges and becomes law in 2020. Actress Alyssa Milano, one of Hollywood's most vocal opponents of the law, is calling on women everywhere to stop having sex until the law is rejected. Milano, who is currently filming in Georgia, said she is contractually obligated to continue filming the Netflix series "Insatiable."

More coverage from Patch:

• One Of Nation's Toughest Abortion Bills Signed Into Law In GA
• Hollywood Threatens Boycott As GA Heartbeat Bill Is Approved
• Cobb Lawmakers Targeted For Opposing Heartbeat Bill
• Cobb-Led 'Heartbeat Bill' Clears Another Hurdle, Heads To Senate
• House Passes Cobb-Led Heartbeat Bill | Dems Shun Acworth Lawmaker
• Decatur Democrat Escorted From Podium In Abortion Debate