1 of 1 HOUSE DOCKET, NO. 2285 FILED ON: 1/16/2025 HOUSE . . . . . . . . . . . . . . . No. 2546 The Commonwealth of Massachusetts _________________ PRESENTED BY: Alyson M. Sullivan-Almeida _________________ 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 unborn victims of Down Syndrome. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Alyson M. Sullivan-Almeida7th Plymouth1/16/2025 1 of 3 HOUSE DOCKET, NO. 2285 FILED ON: 1/16/2025 HOUSE . . . . . . . . . . . . . . . No. 2546 By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 2546) of Alyson M. Sullivan-Almeida relative to unborn victims of Down Syndrome. Public Health. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 2277 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act related to unborn victims of 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 General Laws, as appearing in the 2022 Official Edition, are hereby amended by inserting 2after chapter 112, the following Chapter 112A: 3 CHAPTER 112A 4 UNBORN VICTIMS OF DOWN SYNDROME ACT 5 Section 1. This chapter shall be known and may be cited as the “Unborn Victims of 6Down Syndrome Act.” 7 Section 2. As used in this section, the following words shall have the following meanings 8unless the context clearly requires otherwise: 2 of 3 9 “Abortion” means the purposeful termination of a human pregnancy by any person with 10an intention other than to produce a live birth or to remove a dead unborn child or embryo. 11 “Down syndrome” means a chromosome disorder associated with either an extra 12chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty- 13one. 14 “Unborn child” means the developing human child in utero from conception to birth. 15 Section 3. (a) No person shall purposefully perform or induce or attempt to induce an 16abortion on a pregnant woman, if the person has knowledge that the pregnant woman is seeking 17the abortion, in whole or in part, because of any of the following: a test result indicating Down 18syndrome in an unborn child; a prenatal diagnosis of Down syndrome in an unborn child; or any 19other reason to believe that an unborn child has Down syndrome. 20 (b) Any physician, physician assistant, certified nurse practitioner, certified nurse 21midwife, or other individual whether or not licensed by the Board of Registration in Medicine, 22the Board of Registration in Nursing, the Board of Registration of Physician Assistants, or 23otherwise authorized by law to practice medicine within the Commonwealth of Massachusetts, 24who violates section 3(a), is guilty of performing or attempting to perform an abortion that was 25being sought because of Down syndrome, a crime punishable by imprisonment in the state prison 26for not more than fifteen years or by imprisonment in a jail or house of correction for not more 27than two and one-half years or by a fine of not more than fifteen thousand dollars, or by both 28such fine and imprisonment. 29 (c) The Board of Registration in Medicine, the Board of Registration in Nursing, and the 30Board of Registration of Physician Assistants shall revoke the medical license to practice 3 of 3 31medicine or nursing in this commonwealth of the physician, physician assistant, certified nurse 32practitioner, certified nurse midwife, or other medically licensed individual who violates section 333(a). 34 (d) Any physician, physician assistant, certified nurse practitioner, certified nurse 35midwife, or other individual who violates section 3(a) is liable in a civil action for compensatory 36and exemplary damages and reasonable attorney’s fees to any person, or the representative of the 37estate of any person, who sustains injury, death, or loss to person or property as the result of the 38performance or inducement or the attempted performance or inducement of the abortion. In any 39action under this section, the court may also award any injunctive or other equitable relief that 40the court considers appropriate. 41 (e) A pregnant woman on whom an abortion is performed or induced or attempted to be 42performed or induced in violation of section 3(a) is not guilty of violating section 3(a) or of 43attempting to commit, conspiring to commit, or complicity in committing a violation of section 443(a). 45 (f) If any provision in this chapter is held to be invalid, or if the application of any 46provision in this chapter to any person or circumstance is held to be invalid, the invalidity of that 47provision does not affect any other provisions or the application of this chapter.