Dismemberment Abortion Ban Act of 2023
This bill restricts the performance of dismemberment abortions. It defines the term dismemberment abortion.
Specifically, the bill prohibits a physician from knowingly performing a dismemberment abortion. It provides an exception for a dismemberment abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or condition.
The bill establishes criminal penalties—a fine, a prison term of up to two years, or both—for a physician who performs a prohibited dismemberment abortion.
It also authorizes civil remedies for a woman or parent of a minor who undergoes a dismemberment abortion.
A woman who undergoes a dismemberment abortion may not be prosecuted or held civilly liable.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 862 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 862
To amend title 18, United States Code, to prohibit dismemberment
abortions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2023
Mrs. Lesko (for herself, Mr. Duncan, Mr. Gaetz, Mr. Johnson of Ohio,
Mrs. Miller of Illinois, Mrs. Luna, Mr. Gosar, Mr. Banks, Mr. Moran,
Mr. Reschenthaler, Mr. Babin, Mrs. Miller of West Virginia, Mr. Biggs,
Mr. Baird, Mr. Timmons, Mr. Cline, and Mr. Graves of Louisiana)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit dismemberment
abortions, and for other purposes.
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 ``Dismemberment Abortion Ban Act of
2023''.
SEC. 2. DISMEMBERMENT ABORTION BAN.
(a) In General.--Chapter 74 of title 18, United States Code, is
amended by inserting after section 1531 the following:
``Sec. 1532. Dismemberment abortion ban
``(a) Dismemberment Abortion Prohibited.--Any physician who, in or
affecting interstate or foreign commerce, knowingly performs a
dismemberment abortion and thereby kills an unborn child shall be fined
under this title or imprisoned not more than 2 years, or both. This
subsection does not apply to a dismemberment 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.
``(b) Rule of Construction.--Nothing in this section shall be
construed to limit abortions performed for any reason, including when
the pregnancy is a result of rape or incest, if performed by a method
other than dismemberment abortion.
``(c) Civil Remedies.--
``(1) Civil action by a woman on whom an abortion is
performed.--A woman upon whom an abortion has been performed in
violation of any provision of this section may, in a civil
action against any person who committed the violation, obtain
appropriate relief.
``(2) Civil action by a parent of a minor on whom an
abortion is performed.--A parent of a minor upon whom an
abortion has been performed in violation of any provision of
this section may, in a civil action against any person who
committed the violation obtain appropriate relief, unless the
pregnancy resulted from the plaintiff's criminal conduct.
``(3) Appropriate relief.--Appropriate relief in a civil
action under this subsection includes--
``(A) objectively verifiable money damages for all
injuries, psychological and physical, occasioned by the
violation;
``(B) statutory damages equal to three times the
cost of the abortion; and
``(C) punitive damages.
``(4) Attorneys fees for plaintiff.--The court shall award
a reasonable attorney's fee as part of the costs to a
prevailing plaintiff in a civil action under this subsection.
``(5) Attorneys fees for defendant.--If a defendant in a
civil action under this subsection prevails and the court finds
that the plaintiff's suit was frivolous, the court shall award
a reasonable attorney's fee in favor of the defendant against
the plaintiff.
``(6) Awards against woman.--Except under paragraph (5), in
a civil action under this subsection, no damages, attorney's
fee or other monetary relief may be assessed against the woman
upon whom the abortion was performed or attempted.
``(d) Immunity From Prosecution for Woman Upon Whom a Dismemberment
Abortion Is Performed.--A woman upon whom a dismemberment 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.
``(e) Definitions.--In this section--
``(1) Abortion.--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.
``(2) Dismemberment abortion.--The term `dismemberment
abortion'--
``(A) means, with the purpose of causing the death
of an unborn child, knowingly dismembering a living
unborn child and extracting such unborn child one piece
at a time or intact but crushed from the uterus through
the use of clamps, grasping forceps, tongs, scissors or
similar instruments that, through the convergence of
two rigid levers, slice, crush or grasp a portion of
the unborn child's body in order to cut or rip it off
or crush it; but
``(B) does not include an abortion which uses
suction to dismember the body of the unborn child by
sucking fetal parts into a collection container unless
the actions described in subparagraph (A) are used to
cause the death of an unborn child but suction is
subsequently used to extract fetal parts after the
death of the unborn child.
``(3) Minor.--The term `minor' means an individual who has
not attained the age of 18 years.
``(4) Physician.--The term `physician' means a doctor of
medicine or osteopathy legally authorized to practice medicine
and surgery by the State in which the doctor performs such
activity, or any other individual legally authorized by the
State to perform abortions: Provided, however, That any
individual who is not a physician or not otherwise legally
authorized by the State to perform abortions, but who
nevertheless directly performs an abortion prohibited in this
section shall be subject to the provisions of this section.
``(5) Unborn child.--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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 74 of title 18, United States Code, is amended by adding at the
end the following new item:
``1532. Dismemberment abortion ban.''.
(c) Chapter Heading Amendments.--
(1) Chapter heading in chapter.--The chapter heading for
chapter 74 of title 18, United States Code, is amended by
striking ``PARTIAL-BIRTH ABORTIONS'' and inserting
``ABORTIONS''.
(2) Table of chapters for part i.--The item relating to
chapter 74 in the table of chapters at the beginning of part I
of title 18, United States Code, is amended by striking
``Partial-birth abortions'' and inserting ``Abortions''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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