Us Congress 2023-2024 Regular Session

Us Congress House Bill HB461

Introduced
1/24/23  

Caption

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.

Impact

By instituting such prohibitions, HB 461 aims to align with the federal policy regarding the protection of individuals with disabilities, asserting that their lives and dignity should be respected. The legislation acknowledges the tragic history of discrimination in medical care based on disabilities, particularly Down syndrome, and seeks to ensure that unborn children are not targeted for abortion due to such diagnoses. As part of its broader impact, the bill reinforces the notion that individuals with Down syndrome can contribute meaningfully to society.

Summary

House Bill 461, titled the 'Protecting Individuals with Down Syndrome Act,' seeks to prohibit discrimination by abortion against unborn children diagnosed with Down syndrome. The proposed legislation amends Title 18 of the United States Code, making it a federal crime to perform an abortion with knowledge of the unborn child's Down syndrome status. Violators of this law would face penalties including imprisonment for up to five years, fines, or both. Furthermore, this bill provides for civil remedies which allow individuals impacted by such abortions to seek damages and injunctive relief in court.

Contention

HB 461 raises significant legal and ethical debates regarding women's reproductive rights and the extent of state intervention in personal health decisions. Critics argue that this bill could infringe upon women's autonomy and decisions regarding their own bodies, while supporters maintain that it is a necessary step to prevent discrimination. Additionally, the bill includes provisions that would exempt women from prosecution for abortions performed in violation of this law, suggesting a layered complexity in how the law would interact with women's rights and protections under existing abortion laws.

Companion Bills

US SB18

Identical bill 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.

Previously Filed As

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 SB205

Protecting Individuals with Down Syndrome Act

US HB2251

Protecting Individuals with Down Syndrome Act

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 HB5167

Protecting Girls with Turner Syndrome Act of 2023

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.

US HB421

Teleabortion Prevention Act of 2023 This bill restricts the use of telehealth for chemical abortions (also known as medication abortions). Specifically, it requires a provider who dispenses or prescribes medication for a chemical abortion to physically examine the patient, be physically present at the location of the chemical abortion, and schedule a follow-up visit for the patient. The bill provides an exception for a chemical abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, injury, or condition. The bill establishes criminal penalties—a fine, a prison term of up to two years, or both—for a provider who does not comply with the requirements. A patient who undergoes a chemical abortion may not be prosecuted.

US HB279

Pharmacist Conscience Protection Act This bill prohibits the federal government and federally funded entities from discriminating or otherwise taking adverse action against a pharmacist, pharmacy owner, or pharmacy technician who declines to store, fill prescriptions for, or make referrals for drugs that cause abortions (or that the individual provider believes in good faith cause abortions). Individuals or the Department of Justice may bring civil actions for violations of this bill.

US HB428

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.

US SB78

Child Interstate Abortion Notification Act of 2023 This bill creates new federal crimes related to transporting a minor across state lines for an abortion. Specifically, the bill makes it a crime to knowingly transport a minor across a state line to obtain an abortion without satisfying the requirements of a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion. The bill prohibits an individual who has committed incest with a minor from knowingly transporting the minor across a state line to receive an abortion. Finally, the bill makes it a crime for a physician to knowingly perform or induce an abortion on an out-of-state minor without first notifying the minor's parent.

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