Federal

Protecting the Dignity of Unborn Children Act of 2023

Source: Congress.gov · 391 words in original text

What This Bill Does

This bill creates a new federal crime for the reckless disposal or abandonment of fetal remains in landfills or navigable waters of the United States. The bill is titled the "Protecting the Dignity of Unborn Children Act of 2023."

Who It Affects

People who recklessly dispose of or abandon fetal remains in landfills or navigable waters would face criminal penalties. The bill explicitly excludes women from prosecution for the disposal of remains of their unborn child.

Key Provisions

• Anyone who recklessly disposes of or abandons fetal remains in a landfill or navigable waters of the United States can be imprisoned for not more than 3 years or fined, or both (Sec. 2741(a)) • The law does not authorize prosecution of any woman for the disposal of the remains of her unborn child (Sec. 2741(b))

What Changes

A new chapter in federal criminal law is added that makes unlawful disposal of fetal remains a federal crime with potential prison time up to 3 years and fines.

Important Definitions

• Fetal remains means any part of a human fetus that is deceased because of an abortion, but does not include any part that has been cremated (Sec. 2741(c)(1)) • Landfill means a sanitary landfill as defined in the Solid Waste Disposal Act (Sec. 2741(c)(2)) • Navigable waters has the meaning given in the Federal Water Pollution Control Act (Sec. 2741(c)(3))

Effective Date

Not specified in bill text

I 118TH CONGRESS 1ST SESSION H. R. 428 To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains. IN THE HOUSE OF REPRESENTATIVES JANUARY 20, 2023 Mr. LATTA (for himself, Mr. BANKS, Mr. ALLEN, Mr. DUNCAN, and Mr. BALDERSON) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains. 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 ‘‘Protecting the Dignity 4 of Unborn Children Act of 2023’’. 5 SEC. 2. PROHIBITING UNLAWFUL DISPOSAL OF FETAL RE- 6 MAINS. 7 Part I of title 18, United States Code, is amended 8 by adding at the end the following: 9 VerDate Sep 11 2014 22:01 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H428.IH H428 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 428 IH ‘‘CHAPTER 125—UNLAWFUL DISPOSAL OF 1 FETAL REMAINS 2 ‘‘SEC. 2741. UNLAWFUL DISPOSAL OF FETAL REMAINS. 3 ‘‘(a) IN GENERAL.—Whoever recklessly disposes of 4 or abandons fetal remains in a landfill or in any of the 5 navigable waters of the United States shall be imprisoned 6 not more than 3 years or fined under this title, or both. 7 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec- 8 tion shall be construed to authorize the prosecution of any 9 woman for the disposal of the remains of her unborn child. 10 ‘‘(c) DEFINITIONS.—In this section: 11 ‘‘(1) FETAL REMAINS.—The term ‘fetal re- 12 mains’ means any part of a human fetus that is de- 13 ceased by reason of an abortion, but does not in- 14 clude any such part that has been cremated. 15 ‘‘(2) LANDFILL.—The term ‘landfill’ means a 16 sanitary landfill, as such term is defined in section 17 1004(26) of the Solid Waste Disposal Act. 18 ‘‘(3) NAVIGABLE WATERS.—The term ‘navi- 19 gable waters’ has the meaning given such term in 20 section 502(7) of the Federal Water Pollution Con- 21 trol Act.’’. 22 Æ VerDate Sep 11 2014 22:01 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H428.IH H428 pbinns on DSKJLVW7X2PROD with $$_JOB

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.