Heartbeat Protection Act of 2021
This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the fetus has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a fetus has a detectable heartbeat.
It provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition.
A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both.
A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 705 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 705
To amend title 18, United States Code, to prohibit abortion in cases
where a fetal heartbeat is detectable.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2021
Mr. Kelly of Pennsylvania (for himself, Mr. Gohmert, Mr. Joyce of
Pennsylvania, Mr. Perry, Mr. Keller, Mr. Mooney, Mr. Budd, Mr. Gaetz,
Mr. Simpson, Mr. Aderholt, Mr. Fleischmann, Mr. Long, Mr. Duncan, Mr.
Norman, Mr. Biggs, Mr. Reschenthaler, Mr. Gibbs, Mr. Kelly of
Mississippi, Mr. Weber of Texas, Mr. LaHood, Mr. Grothman, Mr. Chabot,
Mr. Palmer, Mr. Gallagher, Mr. LaMalfa, Mr. Dunn, Mr. Smith of
Nebraska, Mr. Guthrie, Mr. Babin, Mr. Walberg, Mr. Cole, Mr. Baird, Mr.
Latta, Mr. Banks, Mr. Wenstrup, Mr. Kustoff, Mr. Jordan, Mr. Huizenga,
Mrs. Lesko, Mr. Bacon, Mr. Hudson, and Mr. Mast) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit abortion in cases
where a fetal heartbeat is detectable.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heartbeat Protection Act of 2021''.
SEC. 2. ABORTIONS PROHIBITED WITHOUT A CHECK FOR FETAL HEARTBEAT, OR IF
A FETAL HEARTBEAT IS DETECTABLE.
(a) Abortions Prohibited Without a Check for Fetal Heartbeat, or if
a Fetal Heartbeat Is Detectable.--Chapter 74 of title 18, United States
Code, is amended--
(1) in the chapter heading, by striking ``PARTIAL-BIRTH'';
(2) by inserting after section 1531 the following:
``Sec. 1532. Abortions prohibited without a check for fetal heartbeat,
or if a fetal heartbeat is detectable
``(a) Offense.--Any physician who knowingly performs an abortion
and thereby kills a human fetus--
``(1) without determining, according to standard medical
practice, whether the fetus has a detectable heartbeat;
``(2) without informing the mother of the results of that
determination; or
``(3) after determining, according to standard medical
practice, that the fetus has a detectable heartbeat,
shall be fined under this title or imprisoned not more than 5 years, or
both. This subsection does not apply to an abortion that is necessary
to save the life of a mother whose life is endangered by a physical
disorder, physical illness, or physical injury, including a life-
endangering physical condition caused by or arising from the pregnancy
itself, but not including psychological or emotional conditions.
``(b) Defendant May Seek Hearing.--A defendant indicted for an
offense under this section may seek a hearing before the State Medical
Board on whether the physician's conduct was necessary to save the life
of the mother whose life was endangered by a physical disorder,
physical illness, or physical injury, including a life-endangering
physical condition caused by or arising from the pregnancy itself, but
not including psychological or emotional conditions. The findings on
that issue are admissible on that issue at the trial of the defendant.
Upon a motion of the defendant, the court shall delay the beginning of
the trial for not more than 30 days to permit such a hearing to take
place.
``(c) No Liability for the Mother on Whom Abortion Is Performed.--A
mother upon whom an abortion is performed may not be prosecuted under
this section, for a conspiracy to violate this section, or for an
offense under section 2, 3, or 4 of this title based on a violation of
this section.
``(d) Requirement for Data Retention.--The physician shall include
in the medical file of the mother documentation of the determination,
according to standard medical practice, of whether the fetus has a
detectable heartbeat, the results of that determination, notification
of the mother of those results, and any information entered into
evidence in any proceedings under subsection (b). Paragraph (j)(2) of
section 164.530 of title 45, Code of Federal Regulations, shall apply
to such documentation.
``(e) Severability.--If any provision of this section or the
application of such provision to any person or circumstance is held to
be invalid, the remainder of this section and the application of the
provisions of the remainder to any person or circumstance shall not be
affected thereby.''; and
(3) in the table of sections, by inserting after the item
pertaining to section 1841 the following:
``1532. Abortions prohibited without a check for fetal heartbeat, or if
a fetal heartbeat is detectable.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended, in the item relating to chapter 74,
to read as follows:
``74. Abortions............................................. 1531''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line