Dismemberment Abortion Ban Act

Summary#

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.

What it means for you#

  • Physicians or other persons who perform the defined dismemberment procedure could face federal criminal charges, fines, and up to 2 years in prison unless the procedure was necessary to save the mother's life.
  • Women who received a dismemberment abortion performed in violation of this law could sue the person who committed the violation for damages and attorney's fees.
  • A parent of a minor who received such an abortion may sue, except when the pregnancy resulted from the parent's criminal conduct.
  • The woman on whom the abortion was performed cannot be prosecuted under this section and is shielded from most monetary liability in civil suits under the section.
  • The law does not ban other abortion methods. It explicitly says abortions by other methods remain legal under this statute, including in cases of rape or incest.
  • The law applies to actions "in or affecting interstate or foreign commerce," and covers persons not legally authorized by a State who perform the prohibited abortions.

Expenses#

  • No publicly available information on estimated effects on federal or state budgets or on court or enforcement costs.
  • The bill authorizes criminal fines and imprisonment for violators.
  • The bill allows civil plaintiffs to recover objectively verifiable monetary damages, statutory damages equal to three times the cost of the abortion, punitive damages, and reasonable attorney's fees for prevailing plaintiffs. A prevailing defendant may receive attorney's fees if the plaintiff's suit is found frivolous.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.