Us Congress 2023-2024 Regular Session

Us Congress House Bill HB428

Introduced
1/20/23  

Caption

Protecting the Dignity of Unborn Children Act of 2023 This bill establishes a new criminal offense for recklessly disposing of or abandoning fetal remains in a landfill or in any navigable waters of the United States. The term fetal remains means any part (except a cremated part) of a deceased human fetus following an abortion. A violator is subject to a fine, up to three years in prison, or both.

Impact

If enacted, HB 428 would classify reckless disposal of fetal remains as a criminal offense, punishable by a fine, imprisonment up to three years, or both. The definition of 'fetal remains' is specific to any part of a deceased human fetus that results from an abortion, excluding any parts that have been cremated. By creating this legal framework, the bill attempts to address concerns surrounding abortion-related practices and the related handling of fetal remains, reflecting broader societal debates on reproductive rights and dignity.

Summary

House Bill 428, titled the 'Protecting the Dignity of Unborn Children Act of 2023', seeks to amend Title 18 of the United States Code by instituting a new criminal offense concerning the disposal of fetal remains. Specifically, the bill prohibits any individual from unlawfully disposing of or abandoning fetal remains in a landfill or navigable waters. The legislation aims to protect the dignity of unborn children by ensuring that their remains are treated with respect and not discarded improperly.

Contention

This bill has the potential to spark significant public debate and raise ethical and legal questions. Notably, the law explicitly states that women cannot be prosecuted for the disposal of their own fetal remains, which could mitigate some concerns regarding the implications of the law on women's reproductive rights. However, opponents may still argue that the bill could lead to undue complications for healthcare providers and affect the manner in which medical practitioners handle fetal remains, thus adding strain to an already sensitive matter surrounding abortion and reproductive health.

Companion Bills

No companion bills found.

Previously Filed As

US HB686

Protecting the Dignity of Unborn Children Act of 2025 This bill establishes a new federal criminal offense for recklessly disposing of or abandoning fetal remains in a landfill or in any navigable waters of the United States.The term fetal remains means any part (except a cremated part) of a deceased human fetus following an abortion.A violator is subject to a fine, up to three years in prison, or both.

US SB8

Relating to certain prohibited abortions and the treatment and disposition of a human fetus, human fetal tissue, and embryonic and fetal tissue remains; creating a civil cause of action; imposing a civil penalty; creating criminal offenses.

US HB200

Relating to certain prohibited abortions and the treatment and disposition of a human fetus, human fetal tissue, and embryonic and fetal tissue remains; creating a civil cause of action; imposing a civil penalty; creating criminal offenses.

US HB175

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.

US HB461

Protecting Individuals with Down Syndrome Act This bill creates new federal crimes related to the performance of an abortion on an unborn child who has Down syndrome. It subjects a violator to criminal penalties—a fine, a prison term of up to five years, or both. It also authorizes civil remedies, including damages and injunctive relief. A woman who undergoes such an abortion may not be prosecuted or held civilly liable.

US HB815

Prohibits post-abortion harvesting of fetal remains and requires burial or cremation of such remains

US HB372

Protecting Life and Taxpayers Act of 2023 This bill requires federally funded entities to certify that they will not, subject to certain exceptions, perform abortions or provide funding to other entities that perform abortions. The bill provides exceptions for abortions (1) in cases of rape or incest; or (2) when the life of the woman is in danger due to a physical disorder, injury, or illness.

US HB435

Protecting Life on College Campus Act of 2023 This bill prohibits the award of federal funds to an institution of higher education (IHE) that hosts or is affiliated with a school-based service site that provides abortion drugs or abortions to its students or to employees of the IHE or the site. An IHE that hosts or is affiliated with a site must, in order to remain eligible for federal funds, annually certify that the site does not provide abortion drugs or abortions to students or employees.

US SB18

Protecting Individuals with Down Syndrome Act This bill creates new federal crimes related to the performance of an abortion on an unborn child who has Down syndrome. It subjects a violator to criminal penalties—a fine, a prison term of up to five years, or both. It also authorizes civil remedies, including damages and injunctive relief. A woman who undergoes such an abortion may not be prosecuted or held civilly liable.

US HB116

Pregnant Women Health and Safety Act of 2023 This bill establishes requirements for physicians who perform abortions and abortion clinics. Specifically, the bill requires a physician who performs an abortion (1) to have admitting privileges at a nearby hospital; and (2) at the time of the abortion, to notify the patient of the hospital location where the patient can receive follow-up care if complications arise. A physician who fails to comply is subject to criminal penalties—a fine, a prison term of up to two years, or both. A woman who undergoes an abortion may not be prosecuted. The bill also requires an abortion clinic, in order to receive federal funds or assistance, to (1) be licensed by the state in which it is located, and (2) be in compliance with federal standards for ambulatory surgical centers.

Similar Bills

No similar bills found.