What This Bill Does
This bill makes it illegal for physicians to perform a specific type of abortion procedure called dismemberment abortion. A physician who knowingly performs this procedure and kills an unborn child can face a fine or up to 2 years in prison. The bill allows civil lawsuits and does not apply if the abortion is necessary to save the life of a pregnant woman in danger.
Who It Affects
Physicians who perform abortions, women who undergo abortions, parents of minors who undergo abortions, and people who work with physicians performing abortions.
Key Provisions
• A physician who knowingly performs a dismemberment abortion and kills an unborn child faces a fine or imprisonment of no more than 2 years, or both (Sec. 2(a))
• The law does not apply if the dismemberment abortion 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 condition caused by the pregnancy itself (Sec. 2(a))
• A woman upon whom a dismemberment abortion is performed in violation of this law can sue for money damages, including damages for psychological and physical injuries, three times the cost of the abortion, and punitive damages (additional punishment damages) (Sec. 2(c)(1) and 2(c)(3))
• A parent of a minor upon whom a dismemberment abortion is performed in violation of this law can sue for appropriate relief, unless the pregnancy resulted from the parent's criminal conduct (Sec. 2(c)(2))
• A woman upon whom a dismemberment abortion is performed cannot be prosecuted under this law (Sec. 2(d))
What Changes
The bill adds a new federal law making dismemberment abortion illegal when performed by a physician. It creates criminal penalties for physicians and allows civil lawsuits by women and parents of minors affected by violations. The bill also changes the chapter heading in federal law from "Partial-birth abortions" to "Abortions."
Important Definitions
• Dismemberment abortion: Knowingly dismembering a living unborn child and extracting it one piece at a time or intact but crushed from the uterus using clamps, grasping forceps, tongs, scissors or similar instruments that slice, crush or grasp a portion of the unborn child's body. This does NOT include abortion using suction to dismember the body by sucking fetal parts into a collection container, unless the actions described above cause the death first and suction is then used to extract parts.
• Unborn child: An individual organism of the species homo sapiens, beginning at fertilization, until being born alive.
• Abortion: The use or prescription of any instrument, medicine, drug, or other substance or device to intentionally kill the unborn child of a woman known to be pregnant, or to intentionally terminate pregnancy with an intention other than producing a live birth after viability or removing a dead unborn child.
• Physician: A doctor of medicine or osteopathy legally authorized to practice medicine and surgery by a state, or any other individual legally authorized by a state to perform abortions. This includes any individual not otherwise legally authorized who directly performs a prohibited abortion.
• Minor: An individual who has not reached 18 years old.
I
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 Vir-
ginia, 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Dismemberment Abor-
4
tion Ban Act of 2023’’.
5
VerDate Sep 11 2014
00:19 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H862.IH
H862
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 862 IH
SEC. 2. DISMEMBERMENT ABORTION BAN.
1
(a) IN GENERAL.—Chapter 74 of title 18, United
2
States Code, is amended by inserting after section 1531
3
the following:
4
‘‘§ 1532. Dismemberment abortion ban
5
‘‘(a) DISMEMBERMENT ABORTION PROHIBITED.—
6
Any physician who, in or affecting interstate or foreign
7
commerce, knowingly performs a dismemberment abortion
8
and thereby kills an unborn child shall be fined under this
9
title or imprisoned not more than 2 years, or both. This
10
subsection does not apply to a dismemberment abortion
11
that is necessary to save the life of a mother whose life
12
is endangered by a physical disorder, physical illness, or
13
physical injury, including a life-endangering physical con-
14
dition caused by or arising from the pregnancy itself.
15
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
16
tion shall be construed to limit abortions performed for
17
any reason, including when the pregnancy is a result of
18
rape or incest, if performed by a method other than dis-
19
memberment abortion.
20
‘‘(c) CIVIL REMEDIES.—
21
‘‘(1) CIVIL ACTION BY A WOMAN ON WHOM AN
22
ABORTION IS PERFORMED.—A woman upon whom
23
an abortion has been performed in violation of any
24
provision of this section may, in a civil action
25
VerDate Sep 11 2014
00:19 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H862.IH
H862
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 862 IH
against any person who committed the violation, ob-
1
tain appropriate relief.
2
‘‘(2) CIVIL ACTION BY A PARENT OF A MINOR
3
ON WHOM AN ABORTION IS PERFORMED.—A parent
4
of a minor upon whom an abortion has been per-
5
formed in violation of any provision of this section
6
may, in a civil action against any person who com-
7
mitted the violation obtain appropriate relief, unless
8
the pregnancy resulted from the plaintiff’s criminal
9
conduct.
10
‘‘(3) APPROPRIATE RELIEF.—Appropriate relief
11
in a civil action under this subsection includes—
12
‘‘(A) objectively verifiable money damages
13
for all injuries, psychological and physical, occa-
14
sioned by the violation;
15
‘‘(B) statutory damages equal to three
16
times the cost of the abortion; and
17
‘‘(C) punitive damages.
18
‘‘(4) ATTORNEYS FEES FOR PLAINTIFF.—The
19
court shall award a reasonable attorney’s fee as part
20
of the costs to a prevailing plaintiff in a civil action
21
under this subsection.
22
‘‘(5) ATTORNEYS FEES FOR DEFENDANT.—If a
23
defendant in a civil action under this subsection pre-
24
vails and the court finds that the plaintiff’s suit was
25
VerDate Sep 11 2014
00:19 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H862.IH
H862
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 862 IH
frivolous, the court shall award a reasonable attor-
1
ney’s fee in favor of the defendant against the plain-
2
tiff.
3
‘‘(6) AWARDS AGAINST WOMAN.—Except under
4
paragraph (5), in a civil action under this sub-
5
section, no damages, attorney’s fee or other mone-
6
tary relief may be assessed against the woman upon
7
whom the abortion was performed or attempted.
8
‘‘(d) IMMUNITY FROM PROSECUTION FOR WOMAN
9
UPON WHOM A DISMEMBERMENT ABORTION IS PER-
10
FORMED.—A woman upon whom a dismemberment abor-
11
tion is performed may not be prosecuted under this sec-
12
tion, for a conspiracy to violate this section, or for an of-
13
fense under section 2, 3, or 4 of this title based on a viola-
14
tion of this section.
15
‘‘(e) DEFINITIONS.—In this section—
16
‘‘(1) ABORTION.—The term ‘abortion’ means
17
the use or prescription of any instrument, medicine,
18
drug, or any other substance or device—
19
‘‘(A) to intentionally kill the unborn child
20
of a woman known to be pregnant; or
21
‘‘(B) to intentionally terminate the preg-
22
nancy of a woman known to be pregnant, with
23
an intention other than—
24
VerDate Sep 11 2014
00:19 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H862.IH
H862
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•HR 862 IH
‘‘(i) after viability to produce a live
1
birth and preserve the life and health of
2
the child born alive; or
3
‘‘(ii) to remove a dead unborn child.
4
‘‘(2) DISMEMBERMENT ABORTION.—The term
5
‘dismemberment abortion’—
6
‘‘(A) means, with the purpose of causing
7
the death of an unborn child, knowingly dis-
8
membering a living unborn child and extracting
9
such unborn child one piece at a time or intact
10
but crushed from the uterus through the use of
11
clamps, grasping forceps, tongs, scissors or
12
similar instruments that, through the conver-
13
gence of two rigid levers, slice, crush or grasp
14
a portion of the unborn child’s body in order to
15
cut or rip it off or crush it; but
16
‘‘(B) does not include an abortion which
17
uses suction to dismember the body of the un-
18
born child by sucking fetal parts into a collec-
19
tion container unless the actions described in
20
subparagraph (A) are used to cause the death
21
of an unborn child but suction is subsequently
22
used to extract fetal parts after the death of the
23
unborn child.
24
VerDate Sep 11 2014
00:19 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H862.IH
H862
pbinns on DSKJLVW7X2PROD with $$_JOB
6
•HR 862 IH
‘‘(3) MINOR.—The term ‘minor’ means an indi-
1
vidual who has not attained the age of 18 years.
2
‘‘(4) PHYSICIAN.—The term ‘physician’ means
3
a doctor of medicine or osteopathy legally authorized
4
to practice medicine and surgery by the State in
5
which the doctor performs such activity, or any
6
other individual legally authorized by the State to
7
perform abortions: Provided, however, That any indi-
8
vidual who is not a physician or not otherwise legally
9
authorized by the State to perform abortions, but
10
who nevertheless directly performs an abortion pro-
11
hibited in this section shall be subject to the provi-
12
sions of this section.
13
‘‘(5) UNBORN CHILD.—The term ‘unborn child’
14
means an individual organism of the species homo
15
sapiens, beginning at fertilization, until the point of
16
being born alive as defined in section 8(b) of title
17
1.’’.
18
(b) CLERICAL AMENDMENT.—The table of sections
19
at the beginning of chapter 74 of title 18, United States
20
Code, is amended by adding at the end the following new
21
item:
22
‘‘1532. Dismemberment abortion ban.’’.
(c) CHAPTER HEADING AMENDMENTS.—
23
(1) CHAPTER
HEADING
IN
CHAPTER.—The
24
chapter heading for chapter 74 of title 18, United
25
VerDate Sep 11 2014
00:19 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H862.IH
H862
pbinns on DSKJLVW7X2PROD with $$_JOB
7
•HR 862 IH
States Code, is amended by striking ‘‘PARTIAL-
1
BIRTH ABORTIONS’’ and inserting ‘‘ABOR-
2
TIONS’’.
3
(2) TABLE OF CHAPTERS FOR PART I.—The
4
item relating to chapter 74 in the table of chapters
5
at the beginning of part I of title 18, United States
6
Code, is amended by striking ‘‘Partial-birth
7
abortions’’ and inserting ‘‘Abortions’’.
8
Æ
VerDate Sep 11 2014
00:19 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H862.IH
H862
pbinns on DSKJLVW7X2PROD with $$_JOB