Heartbeat Protection Act of 2023
This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the unborn child has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a unborn child has a detectable heartbeat.
A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both.
The bill 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. It also provides exceptions for certain pregnancies that are the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements.
A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 175 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 175
To amend title 18, United States Code, to prohibit abortion in cases
where a fetal heartbeat is detectable.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Kelly of Pennsylvania (for himself, Mr. Smith of New Jersey, Mrs.
Cammack, Mr. Williams of Texas, Mr. Mooney, Mr. Grothman, Mr. Duncan,
Mr. Banks, Mr. Carl, Mr. Hudson, Mr. LaHood, Mr. Fleischmann, Mr.
Lamborn, Mr. Moore of Alabama, Mr. Johnson of Ohio, Mr. Tiffany, Mrs.
Boebert, Mr. Mast, Mr. Thompson of Pennsylvania, Mr. Feenstra, Mr.
Griffith, Mr. Allen, Mr. Joyce of Pennsylvania, Mr. Graves of
Louisiana, Mr. Walberg, Mr. Burchett, Mr. Cline, Mr. Weber of Texas,
Mr. Aderholt, Mr. Estes, Mr. Babin, Mr. Bergman, Mr. Rose, Mr.
Arrington, Mr. Webster of Florida, Mr. Kelly of Mississippi, Mr. Posey,
Mr. Kustoff, Mr. Biggs, Mr. Jackson of Texas, Mr. Moolenaar, Mrs.
Harshbarger, Mr. Luetkemeyer, Mr. Fitzgerald, Mr. Austin Scott of
Georgia, Mr. Reschenthaler, Mr. Crawford, Mr. Fallon, Mr. Dunn of
Florida, Mr. Clyde, Mr. Johnson of South Dakota, Mr. Harris, Mr. Good
of Virginia, Mr. Simpson, Mr. Langworthy, Mr. Wenstrup, Mr. Baird, Mrs.
Fischbach, Mrs. Lesko, Mrs. Miller of West Virginia, Mr. Smucker, Mr.
Guthrie, and Mr. Latta) 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 2023''.
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 unborn child--
``(1) without determining, according to standard medical
practice, whether the unborn child 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 unborn child 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) Exceptions.--Subsection (a) shall not apply if--
``(1) in reasonable medical judgment, the abortion is
necessary to save the life of a pregnant woman 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;
``(2) the pregnancy is the result of rape against an adult
woman, and at least 48 hours prior to the abortion--
``(A) she has obtained counseling for the rape; or
``(B) she has obtained medical treatment for the
rape or an injury related to the rape; or
``(3) the pregnancy is a result of rape against a minor or
incest against a minor, and the rape or incest has been
reported at any time prior to the abortion to either--
``(A) a government agency legally authorized to act
on reports of child abuse; or
``(B) a law enforcement agency.
``(c) Documentation Requirements.--
``(1) Documentation pertaining to adults.--A physician who
performs or attempts to perform an abortion under an exception
provided by subsection (b)(2) shall, prior to performing the
abortion, place in the patient medical file documentation from
a hospital licensed by the State or operated under authority of
a Federal agency, a medical clinic licensed by the State or
operated under authority of a Federal agency, from a personal
physician licensed by the State, a counselor licensed by the
State, or a victim's rights advocate provided by a law
enforcement agency that the adult woman seeking the abortion
obtained medical treatment or counseling for the rape or an
injury related to the rape.
``(2) Documentation pertaining to minors.--A physician who
performs or attempts to perform an abortion under an exception
provided by subsection (b)(3) shall, prior to performing the
abortion, place in the patient medical file documentation from
a government agency legally authorized to act on reports of
child abuse that the rape or incest was reported prior to the
abortion; or, as an alternative, documentation from a law
enforcement agency that the rape or incest was reported prior
to the abortion.
``(d) Requirement for Data Retention.--Paragraph (j)(2) of section
164.530 of title 45, Code of Federal Regulations, shall apply to
documentation required to be placed in a patient's medical file
pursuant to paragraph (6) of such section and a consent form required
to be retained in a patient's medical file pursuant to paragraph (7) of
such section in the same manner and to the same extent as such
paragraph applies to documentation required by paragraph (j)(1) of such
section.
``(e) Additional Exceptions and Requirements.--
``(1) Exclusion of certain facilities.--Notwithstanding the
definitions set forth in subsection (j), the counseling
described in subsection (b)(2)(A) and subsection (c)(1) or
medical treatment may not be provided by a facility that
performs abortions (unless that facility is a hospital).
``(2) Rule of construction in cases of reports to law
enforcement.--The requirements of subsection (b)(2) do not
apply if the rape has been reported at any time prior to the
abortion to a law enforcement agency or Department of Defense
victim assistance personnel.
``(f) 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.
``(g) 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.
``(h) 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 unborn child 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.
``(i) 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.
``(j) Definitions.--In this section:
``(1) The term `counseling' means counseling provided by a
counselor licensed by the State, or a victims rights advocate
provided by a law enforcement agency.
``(2) The term `medical treatment' means treatment provided
at a hospital licensed by the State or operated under authority
of a Federal agency, at a medical clinic licensed by the State
or operated under authority of a Federal agency, or from a
personal physician licensed by the State.
``(3) The term `abortion' means the use or prescription of
any instrument, medicine, drug, or any other substance or
device--
``(A) to intentionally kill the unborn child of a
woman known to be pregnant; or
``(B) to intentionally terminate the pregnancy of a
woman known to be pregnant, with an intention other
than--
``(i) after viability to produce a live
birth and preserve the life and health of the
child born alive; or
``(ii) to remove a dead unborn child.
``(4) The term `attempt', with respect to an abortion,
means conduct that, under the circumstances as the actor
believes them to be, constitutes a substantial step in a course
of conduct planned to culminate in performing an abortion.
``(5) The term `facility' means any medical or counseling
group, center or clinic and includes the entire legal entity,
including any entity that controls, is controlled by, or is
under common control with such facility.
``(6) The term `perform', with respect to an abortion,
includes inducing an abortion through a medical or chemical
intervention including writing a prescription for a drug or
device intended to result in an abortion.
``(7) The term `physician' means a person licensed to
practice medicine and surgery or osteopathic medicine and
surgery, or otherwise legally authorized to perform an
abortion.
``(8) The term `reasonable medical judgment' means a
medical judgment that would be made by a reasonably prudent
physician, knowledgeable about the case and the treatment
possibilities with respect to the medical conditions involved.
``(9) The term `unborn child' means an individual organism
of the species homo sapiens, beginning at fertilization, until
the point of being born alive as defined in section 8(b) of
title 1.
``(10) The term `woman' means a female human being whether
or not she has reached the age of majority.
``(k) Rules of Construction.--
``(1) Greater protections.--Nothing in this section may be
construed to pre-empt or limit any Federal, State, or local law
that provides greater protections for an unborn child than
those provided in this section.
``(2) Creation of recognition of right.--Nothing in this
section may be construed to create or recognize a right to
abortion or to make lawful an abortion that is unlawful on the
effective date of this section.''; 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.
Sponsor introductory remarks on measure. (CR H271-272)
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