The bill adds a new federal crime that bans a specific abortion method called "dismemberment abortion." It makes it a crime for a physician to knowingly perform a dismemberment abortion in or affecting interstate or foreign commerce. A violator can be fined, imprisoned for up to 2 years, or both. The ban does not apply if the procedure is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury.
The bill preserves the legality of abortions done by other methods, including when a pregnancy results from rape or incest, as long as those other methods are used instead of the banned method. It creates civil causes of action: a woman who had an abortion in violation of the section or a parent of a minor who had such an abortion may sue for relief. The bill lists recoverable items such as objectively verifiable money damages for injuries, statutory damages equal to three times the cost of the abortion, and punitive damages. Courts must award reasonable attorney's fees to a prevailing plaintiff, and may award fees to a prevailing defendant if the court finds the plaintiff's suit was frivolous. The woman on whom the abortion was performed may not be criminally prosecuted under the section and is generally protected from monetary relief.
The bill defines key terms. "Dismemberment abortion" is defined by the use of clamps, forceps, tongs, scissors, or similar instruments that slice, crush, or grasp parts of the unborn child's body to remove them one piece at a time. The definition excludes suction-only procedures and procedures to remove a deceased unborn child in certain situations. The bill also defines "abortion," "minor," "physician," and "unborn child" (beginning at fertilization). It updates chapter headings and the table of sections in chapter 74 of title 18, U.S. Code.
No publicly available information.
No publicly available information.