AUSTIN, Texas — Texas Attorney General Ken Paxton said Wednesday that prosecutors may immediately begin enforcing the state’s pre-Roe v Wade laws.
Also, the state’s anti-abortion law passed in the 87th Legislation Session will take effect on August 25 – which is 30 days after the final judgment in Dobbs v Jackson.
“… Local prosecutors may choose to immediately pursue criminal prosecutions based on violations of Texas abortion prohibitions predating Roe that were never repealed by the Texas Legislature,” Paxton’s published guidance letter said.
“Although these statutes were unenforceable while Roe was on the books, they are still Texas law,” Paxton wrote. “Now that Roe has been overturned, those statutes are in full effect.”
The pre-Roe laws called for a penalty of “not less than two nor more than five years” in prison. Under the newer law which takes effect in August, the crime of abortion is a first-degree felony – meaning, the penalty is between 5 and 99 years or life in prison.
Click here to read the guidance from Paxton.