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HOUSE DOCKET, NO. 2115 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1665
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
David F. DeCoste
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act related to Down syndrome.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David F. DeCoste5th Plymouth1/15/2025Joseph D. McKenna18th Worcester3/2/2025Alyson M. Sullivan-Almeida7th Plymouth3/2/2025Colleen M. Garry36th Middlesex3/2/2025 1 of 3
HOUSE DOCKET, NO. 2115 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1665
By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 1665) of
David F. DeCoste and others relative to performing or attempting to perform abortions sought
because of Down syndrome. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1466 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act related to Down syndrome.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 1. This chapter shall be known and may be cited as the “Unborn Victims of
2Down Syndrome Act.”
3 Section 2. As used in this section, the following words shall have the following meanings
4unless the context clearly requires otherwise:
5 “Abortion” means the purposeful termination of a human pregnancy by any person with
6an intention other than to produce a live birth or to remove a dead unborn child or embryo.
7 “Down syndrome” means a chromosomal disorder associated with either an extra
8chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty-
9one. 2 of 3
10 “Unborn child” means the developing human child in utero from conception to birth.
11 Section 3. (a) No person shall purposefully perform or induce or attempt to induce an
12abortion on a pregnant female woman, if the person has knowledge that the pregnant female
13woman is seeking the abortion, in whole or in part, because of any of the following: a test result
14indicating Down syndrome in an unborn child; a prenatal diagnosis of Down syndrome in an
15unborn child; or any other reason to believe that an unborn child has Down syndrome.
16 (b) Any physician, physician assistant, certified nurse practitioner, certified nurse
17midwife, or other individual whether or not licensed by the Board of Registration in Medicine,
18the Board of Registration in Nursing, the Board of Registration of Physician Assistants, or
19otherwise authorized by law to practice medicine within the Commonwealth of Massachusetts,
20who violates section 3(a), is guilty of performing or attempting to perform an abortion that was
21being sought because of Down syndrome, a crime punishable by imprisonment in the state prison
22for not more than fifteen years or by imprisonment in a jail or house of correction for not more
23than two and one-half years or by a fine of not more than fifteen thousand dollars, or by both
24such fine and imprisonment.
25 (c) The Board of Registration in Medicine, the Board of Registration in Nursing, and the
26Board of Registration of Physician Assistants shall revoke the medical license to practice
27medicine or nursing in this commonwealth of the physician, physician assistant, certified nurse
28practitioner, certified nurse midwife, or other medically licensed individual who violates section
293(a).
30 (d) Any physician, physician assistant, certified nurse practitioner, certified nurse
31midwife, or other individual who violates section 3(a) is liable in a civil action for compensatory 3 of 3
32and exemplary damages and reasonable attorney’s fees to any person, or the representative of the
33estate of any person, who sustains injury, death, or loss to person or property as the result of the
34performance or inducement or the attempted performance or inducement of the abortion. In any
35action under this section, the court may also award any injunctive or other equitable relief that
36the court considers appropriate.
37 (e) A pregnant woman on whom an abortion is performed or induced or attempted to be
38performed or induced in violation of section 3(a) is not guilty of violating section 3(a) or of
39attempting to commit, conspiring to commit, or complicity in committing a violation of section
403(a).
41 (f) If any provision in this chapter is held to be invalid, or if the application of any
42provision in this chapter to any person or circumstance is held to be invalid, the invalidity of that
43provision does not affect any other provisions or the application of this chapter.