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.

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
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in abortion, further providing for
 3      publicly owned facilities, public officials and public funds.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.       Section 3215(a)(2) and (3), (c), (i) and (j) of
 7   Title 18 of the Pennsylvania Consolidated Statutes are amended
 8   to read:
 9   § 3215.    Publicly owned facilities; public officials and public
10                    funds.
11      (a)     Limitations.--No hospital, clinic or other health
12   facility owned or operated by the Commonwealth, a county, a city
13   or other governmental entity (except the government of the
14   United States, another state or a foreign nation) shall:
15             * * *
16             [(2)    Lease or sell or permit the subleasing of its
17      facilities or property to any physician or health facility
 1      for use in the provision, inducement or performance of
 2      abortion, except abortion necessary to avert the death of the
 3      woman or to terminate pregnancies initiated by acts of rape
 4      or incest if reported in accordance with requirements set
 5      forth in subsection (c).
 6             (3)   Enter into any contract with any physician or health
 7      facility under the terms of which such physician or health
 8      facility agrees to provide, induce or perform abortions,
 9      except abortion necessary to avert the death of the woman or
10      to terminate pregnancies initiated by acts of rape or incest
11      if reported in accordance with requirements set forth in
12      subsection (c).]
13      * * *
14      [(c)    Public funds.--No Commonwealth funds and no Federal
15   funds which are appropriated by the Commonwealth shall be
16   expended by any State or local government agency for the
17   performance of abortion, except:
18             (1)   When abortion is necessary to avert the death of the
19      mother on certification by a physician. When such physician
20      will perform the abortion or has a pecuniary or proprietary
21      interest in the abortion there shall be a separate
22      certification from a physician who has no such interest.
23             (2)   When abortion is performed in the case of pregnancy
24      caused by rape which, prior to the performance of the
25      abortion, has been reported, together with the identity of
26      the offender, if known, to a law enforcement agency having
27      the requisite jurisdiction and has been personally reported
28      by the victim.
29             (3)   When abortion is performed in the case of pregnancy
30      caused by incest which, prior to the performance of the

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 1      abortion, has been personally reported by the victim to a law
 2      enforcement agency having the requisite jurisdiction, or, in
 3      the case of a minor, to the county child protective service
 4      agency and the other party to the incestuous act has been
 5      named in such report.]
 6      * * *
 7      [(i)    Public funds for legal services.--No Federal or State
 8   funds which are appropriated by the Commonwealth for the
 9   provision of legal services by private agencies, and no public
10   funds generated by collection of interest on lawyer's trust
11   accounts, as authorized by statute previously or subsequently
12   enacted, may be used, directly or indirectly, to:
13             (1)   Advocate the freedom to choose abortion or the
14      prohibition of abortion.
15             (2)   Provide legal assistance with respect to any
16      proceeding or litigation which seeks to procure or prevent
17      any abortion or to procure or prevent public funding for any
18      abortion.
19             (3)   Provide legal assistance with respect to any
20      proceeding or litigation which seeks to compel or prevent the
21      performance or assistance in the performance of any abortion,
22      or the provision of facilities for the performance of any
23      abortion.
24      Nothing in this subsection shall be construed to require or
25   prevent the expenditure of funds pursuant to a court order
26   awarding fees for attorney's services under the Civil Rights
27   Attorney's Fees Awards Act of 1976 (Public law 94-559, 90 Stat.
28   2641), nor shall this subsection be construed to prevent the use
29   of public funds to provide court appointed counsel in any
30   proceeding authorized under section 3206 (relating to parental

20260HB2111PN2730                     - 3 -
 1   consent).
 2      (j)   Required statements.--No Commonwealth agency shall make
 3   any payment from Federal or State funds appropriated by the
 4   Commonwealth for the performance of any abortion pursuant to
 5   subsection (c)(2) or (3) unless the Commonwealth agency first:
 6            (1)   receives from the physician or facility seeking
 7      payment a statement signed by the physician performing the
 8      abortion stating that, prior to performing the abortion, he
 9      obtained a non-notarized, signed statement from the pregnant
10      woman stating that she was a victim of rape or incest, as the
11      case may be, and that she reported the crime, including the
12      identity of the offender, if known, to a law enforcement
13      agency having the requisite jurisdiction or, in the case of
14      incest where a pregnant minor is the victim, to the county
15      child protective service agency and stating the name of the
16      law enforcement agency or child protective service agency to
17      which the report was made and the date such report was made;
18            (2)   receives from the physician or facility seeking
19      payment, the signed statement of the pregnant woman which is
20      described in paragraph (1). The statement shall bear the
21      notice that any false statements made therein are punishable
22      by law and shall state that the pregnant woman is aware that
23      false reports to law enforcement authorities are punishable
24      by law; and
25            (3)   verifies with the law enforcement agency or child
26      protective service agency named in the statement of the
27      pregnant woman whether a report of rape or incest was filed
28      with the agency in accordance with the statement.
29      The Commonwealth agency shall report any evidence of false
30   statements, of false reports to law enforcement authorities or

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1   of fraud in the procurement or attempted procurement of any
2   payment from Federal or State funds appropriated by the
3   Commonwealth pursuant to this section to the district attorney
4   of appropriate jurisdiction and, where appropriate, to the
5   Attorney General.]
6      Section 2.   This act shall take effect in 60 days.




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