[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 862 Introduced in House (IH)]

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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''.
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