The Alabama House approved House Bill 314 Tuesday making it a criminal felony for a doctor to perform an abortion except where the life of the mother is in jeopardy.

If enacted, the bill will make the performance of an abortion by a doctor in violation of this act a Class A felony with a maximum prison sentence of 99 years. Attempted Abortion will become a Class C felony with up to 10 years in prison. The bill only allows for abortion in the event of a medical emergency that causes serious health risk to the mother. The bill specifically does not define mental illness as a serious health risk unless two doctors have credibly assessed the mother and believe abortion is necessary to prevent the mother from harming herself or her unborn child.

The bill was passed on Tuesday in a vote of 74-3 with all but two Republican members voting while almost all of Democratic members refused to vote, instead leaving the House in protest. The bill now heads to the Alabama Senate and if passed there will be presented to governor. Republicans hope this bill will provide an opportunity for the court to revisit Roe v. Wade while Democrats believe the bill will likely be declared unconstitutional under that same decision.