EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1230*
HOUSE BILL 1230
J1, J2 2lr2666
HB 1355/18 – HGO
By: Delegates Wivell, Arentz, Arikan, Boteler, M. Fisher, Grammer, Griffith,
Krebs, McComas, McKay, Morgan, Parrott, Rose, Shoemaker, Szeliga, and
Thiam
Introduced and read first time: February 11, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Unborn Child Protection From Dismemberment Abortion Act of 2022 2
FOR the purpose of prohibiting, except under certain circumstances, the performance of or 3
the attempt to perform a dismemberment abortion that kills an unborn child of a 4
pregnant woman; authorizing a certain individual to seek a hearing before the State 5
Board of Physicians on a certain issue; authorizing certain individuals to bring a civil 6
action or to apply to a certain court for permanent injunctive relief against a certain 7
individual under certain circumstances; and generally relating to the Unborn Child 8
Protection From Dismemberment Abortion Act. 9
BY adding to 10
Article – Health – General 11
Section 20–217 through 20–223 to be under the new part “Part V. Unborn Child 12
Protection From Dismemberment Abortion Act” 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Health – General 18
20–215. RESERVED. 19
20–216. RESERVED. 20
PART V. UNBORN CHILD PROTECTION FROM DISMEMBERMENT ABORTION 21
ACT. 22 2 HOUSE BILL 1230
20–217. 1
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “ABORTION” MEANS THE USE OF ANY INSTRUMENT , MEDICINE, DRUG, 4
OR OTHER SUBSTANCE O R DEVICE TO: 5
(1) PURPOSELY KILL THE UN BORN CHILD OF A PREG NANT WOMAN; 6
OR 7
(2) PURPOSELY TERMINATE T HE PREGNANCY OF A PR EGNANT 8
WOMAN, WITH A PURPOSE OTHER THAN TO: 9
(I) AFTER VIABILITY, PRODUCE A LIVE BIRTH AND PRESERVE 10
THE LIFE AND HEALTH OF THE CHILD BORN AL IVE; OR 11
(II) REMOVE THE REMAINS OF A DEAD UNBORN CHILD. 12
(C) (1) “ATTEMPT TO PERFORM A DISMEMBERMENT ABORTI ON” MEANS 13
AN ACT OR AN OMISSIO N OF A STATUTORILY R EQUIRED ACT THAT , UNDER THE 14
CIRCUMSTANCES AS THE INDIVIDUAL BELIEVES THEM TO BE , CONSTITUTES A 15
SUBSTANTIAL STEP IN A COURSE OF CONDUCT PLANNED TO C ULMINATE IN THE 16
PERFORMANCE OF A DIS MEMBERMENT ABORTION . 17
(2) “ATTEMPT TO PERFORM A DISMEMBERMENT ABORTI ON” 18
INCLUDES: 19
(I) AGREEING WITH AN INDI VIDUAL TO PERFORM A 20
DISMEMBERMENT ABORTI ON ON THE INDIVIDUAL OR ON ANY OTHER INDI VIDUAL, 21
WHETHER OR NOT : 22
1. THE TERM “DISMEMBERMENT ABORTI ON” IS USED IN 23
THE AGREEMENT ; OR 24
2. THE AGREEMENT IS CONT INGENT ON ANOTHER 25
FACTOR SUCH AS RECEI PT OF PAYMENT OR A D ETERMINATION OF PREG NANCY; AND 26
(II) SCHEDULING OR PLANNIN G A TIME TO PERFORM A 27
DISMEMBERMENT ABO RTION ON AN INDIVIDU AL, WHETHER OR NOT : 28
1. THE TERM “DISMEMBERMENT ABORTI ON” IS USED; 29
OR 30 HOUSE BILL 1230 3
2. THE PERFORMANCE OF TH E DISMEMBERMENT 1
ABORTION IS CONTINGE NT ON ANOTHER FACTOR SUCH AS RECEIPT OF P AYMENT OR 2
A DETERMINATION OF P REGNANCY. 3
(D) (1) “DISMEMBERMENT ABORTION ” MEANS, WITH THE INTENT TO 4
CAUSE THE DEATH OF T HE UNBORN CHILD , TO PURPOSELY DISMEMB ER A LIVING 5
UNBORN CHILD BY USIN G CLAMPS, GRASPING FORCEPS , TONGS, SCISSORS, OR 6
SIMILAR INSTRUMENTS THAT, THROUGH THE CONVERGE NCE OF TWO RIGID LEV ERS, 7
SLICE, CRUSH, OR GRASP A PORTION O F THE UNBORN CHILD ’S BODY TO CUT OR RIP 8
IT OFF AND TO EXTRAC T THE PIECES OF THE BODY OF THE UNBORN C HILD ONE AT 9
A TIME WITH THE AFOR EMENTIONED DEVICES O R TOOLS OR BY USE OF A SUCTION 10
DEVICE. 11
(2) “DISMEMBERMENT ABORTIO N” DOES NOT INCLUDE AN AB ORTION 12
THAT USES ONLY SUCTION TO DISMEMBER THE BODY OF THE UNBO RN CHILD BY 13
SUCKING FETAL PARTS IN THEIR ENTIRETY IN TO A COLLECTION CONT AINER. 14
(E) “PHYSICIAN” HAS THE MEANING STAT ED IN § 20–207 OF THIS SUBTITLE. 15
(F) “PURPOSELY” MEANS: 16
(1) REGARDING A MATERIAL ELEMENT OF A VIOLATI ON, AN 17
INDIVIDUAL’S CHOICE TO CONSCIOU SLY ENGAGE IN CONDUC T OF THAT NATURE OR 18
TO CAUSE THAT RESULT ; OR 19
(2) REGARDING AN ELEMENT THAT INVOLVES THE AT TENDANT 20
CIRCUMSTANCES OF A V IOLATION, THE INDIVIDU AL IS AWARE OF THE E XISTENCE 21
OF THOSE CIRCUMSTANC ES OR BELIEVES OR HO PES THAT THOSE CIRCU MSTANCES 22
EXIST. 23
(G) (1) “SERIOUS HEALTH RISK T O THE PREGNANT WOMAN ” MEANS 24
THAT, IN THE REASONABLE ME DICAL JUDGMENT OF A PHYSICIAN, THE PREGNANT 25
WOMAN HAS A CONDITIO N THAT SO COMPLICATES HER MEDICAL CONDITIO N THAT 26
IT NECESSITATES THE ABORTION OF HER PREG NANCY TO AVERT HER D EATH OR TO 27
AVERT A SERIOUS RISK OF SUBSTANTIAL AND I RREVERSIBLE PHYSICAL 28
IMPAIRMENT OF A MAJO R BODILY FUNCTION . 29
(2) “SERIOUS HEALTH RISK T O THE PREGNANT WOMAN ” DOES NOT 30
INCLUDE A PSYCHOLOGI CAL OR EMOTIONAL CON DITION, INCLUDING A CONDITIO N 31
THAT IS BASED ON A C LAIM OR DIAGNOSIS TH AT THE PREGNANT WOMA N WILL 32
ENGAGE IN CONDUCT TH AT SHE INTENDS TO RE SULT IN HER DEATH OR IN 33
SUBSTANTIAL AND IRRE VERSIBLE PH YSICAL IMPAIRMENT OF A MAJOR BODILY 34
FUNCTION. 35 4 HOUSE BILL 1230
(H) “WOMAN” MEANS A FEMALE HUMAN BEING OF ANY AGE . 1
20–218. 2
AN INDIVIDUAL MAY NOT PURPOSELY PERFORM OR ATTEMPT TO PERFORM A 3
DISMEMBERMENT ABORTI ON THAT KILLS AN UNB ORN CHILD UNLESS THE 4
ABORTION IS NECESSAR Y TO PREVENT A SERIOUS HEALTH RISK TO THE P REGNANT 5
WOMAN. 6
20–219. 7
(A) AN INDIVIDUAL ACCUSED IN ANY PROCEEDING OF A VIOLATION OF § 8
20–218 OF THIS SUBTITLE MAY SEEK A HEARING BEFOR E THE STATE BOARD OF 9
PHYSICIANS ON WHETHER THE DISMEMBERMENT AB ORTION WAS N ECESSARY TO 10
PREVENT A SERIOUS HE ALTH RISK TO THE PRE GNANT WOMAN . 11
(B) (1) THE STATE BOARD OF PHYSICIANS’ FINDINGS FROM A HEAR ING 12
UNDER SUBSECTION (A) OF THIS SECTION ARE ADMISSIBLE ON THAT I SSUE AT ANY 13
TRIAL IN WHICH A VIO LATION OF § 20–218 OF THIS SUBTITLE IS ALLEGED . 14
(2) ON A MOTION OF THE DE FENDANT, THE COURT SHALL DELA Y THE 15
BEGINNING OF THE TRI AL FOR NOT MORE THAN 30 DAYS TO ALLOW FOR A HEARING 16
UNDER SUBSECTION (A) OF THIS SECTION. 17
(C) THE FOLLOWING INDIVID UALS MAY NOT BE HELD LIABLE FOR 18
PERFORMING OR ATTEMPTIN G TO PERFORM A DISME MBERMENT ABORTION : 19
(1) THE PREGNANT WOMAN ON WHOM THE DISMEMBERME NT 20
ABORTION WAS PERFORM ED OR ATTEMPTED ; 21
(2) ANY NURSE, TECHNICIAN, SECRETARY, RECEPTIONIST , OR OTHER 22
EMPLOYEE OR AGENT OF A PHYSICIAN WHO PERF ORMED OR ATTEMPTED TO 23
PERFORM A DISMEMBERM ENT ABORTION WHO ACT S AT THE DIRECTION O F THE 24
PHYSICIAN; OR 25
(3) ANY PHARMACIST OR OTH ER INDIVIDUAL WHO IS NOT A 26
PHARMACIST BUT WHO F ILLS A PRESCRIPTION OR PROVIDES INSTRUME NTS OR 27
MATERIALS USED IN A DISMEMBERMENT A BORTION AT THE DIREC TION OF OR TO A 28
PHYSICIAN WHO PERFOR MED OR ATTEMPTED TO PERFORM A DISMEMBERM ENT 29
ABORTION. 30
(D) THIS PART MAY NOT BE CONSTRUED TO PREVENT AN ABORTION FOR 31
ANY REASON, INCLUDING RAPE AND I NCEST, OR BY ANY OTHER METH OD. 32 HOUSE BILL 1230 5
20–220. 1
(A) (1) ANY OF THE FOLLOWING INDIVIDUALS MAY BRIN G AN ACTION TO 2
OBTAIN A PERMANENT I NJUNCTION AGAINST AN INDIVIDUAL WHO HAS P ERFORMED 3
OR ATTEMPTED TO PERF ORM A DISMEMBERMENT ABORTION IN VIOLATIO N OF 4
§ 20–218 OF THIS SUBTITLE IN THE CIRCUIT COURT OF THE COUNTY WHE RE THE 5
INDIVIDUAL RESIDES O R WHERE THE DISMEMBE RMENT ABORTION WAS 6
PERFORMED : 7
(I) A PREGNANT WOMAN ON WH OM A DISMEMBERMENT 8
ABORTION WAS PERFORM ED OR ATTEMPTED ; 9
(II) AN INDIVIDUAL WHO IS THE SPOUSE , THE PARENT OR 10
GUARDIAN, OR A LICENSED OR FOR MERLY LICENSED HEALTH CARE PROVIDER OF A 11
WOMAN ON WHOM A DISM EMBERMENT ABORTION W AS PERFORMED OR ATTE MPTED; 12
OR 13
(III) A PROSECUTING ATTORNEY WITH APPROPRIATE 14
JURISDICTION. 15
(2) THE INJUNCTION SHALL PREVENT THE DEFENDAN T FROM 16
PERFORMING OR ATTEMP TING TO PERFO RM DISMEMBERMENT ABO RTIONS IN 17
VIOLATION OF § 20–218 OF THIS SUBTITLE. 18
(B) (1) THE FOLLOWING INDIVID UALS MAY BRING A CIV IL ACTION 19
AGAINST AN INDIVIDUA L WHO PERFORMED A DI SMEMBERMENT ABORTION IN 20
VIOLATION OF § 20–218 OF THIS SUBTITLE: 21
(I) ANY WOMAN ON WHOM A DISMEMBERMENT ABORTION HAS 22
BEEN PERFORMED IN VI OLATION OF § 20–218 OF THIS SUBTITLE ; 23
(II) THE FATHER OF THE UNB ORN CHILD, IF MARRIED TO THE 24
WOMAN AT THE TIME TH E DISMEMBERMENT ABOR TION WAS PERFORMED ; OR 25
(III) IF THE PREGNANT WOMAN WAS A MINO R AT THE TIME OF 26
THE DISMEMBERMENT AB ORTION OR DIED AS A RESULT OF THE DISMEM BERMENT 27
ABORTION, THE MATERNAL GRANDPA RENTS OF THE UNBORN CHILD. 28
(2) (I) A CIVIL ACTION TAKEN U NDER PARAGRAPH (1) OF THIS 29
SUBSECTION MAY SEEK THE IMPOSITION OF DA MAGES AS SET F ORTH IN 30
SUBPARAGRAPH (II) OF THIS PARAGRAPH , AN INJUNCTION TO PRO HIBIT THE 31
INDIVIDUAL FROM CONT INUING THE VIOLATION , OR BOTH. 32 6 HOUSE BILL 1230
(II) THE COURT MAY AWARD : 1
1. MONETARY DAMAGES FOR ALL INJURIES INCURRE D 2
BY THE INDIVIDUAL AS A RESULT OF THE DISM EMBERMEN T ABORTION, INCLUDING 3
PSYCHOLOGICAL AND PH YSICAL INJURIES; AND 4
2. STATUTORY DAMAGES EQU AL TO THREE TIMES TH E 5
COST OF THE DISMEMBE RMENT ABORTION . 6
(3) NO DAMAGES MAY BE AWA RDED TO A PLAINTIFF IF THE 7
PREGNANCY RESULTED F ROM THE PLAINTIFF ’S CRIMINAL CO NDUCT. 8
(C) (1) IF A JUDGMENT IS REND ERED IN FAVOR OF THE PLAINTIFF IN AN 9
ACTION TAKEN UNDER S UBSECTION (A) OR (B) OF THIS SECTION, THE COURT SHALL 10
ORDER A REASONABLE A TTORNEY’S FEE FOR THE PLAINT IFF AGAINST THE 11
DEFENDANT . 12
(2) IF A JUDGMENT IS REND ERED IN FAVOR OF THE DEFE NDANT IN 13
AN ACTION TAKEN UNDE R SUBSECTION (A) OR (B) OF THIS SECTION AND THE COURT 14
FINDS THAT THE PLAIN TIFF’S SUIT WAS FRIVOLOUS AND BROUGHT IN BAD F AITH, 15
THE COURT SHALL ORDE R A REASONABLE ATTOR NEY’S FEE IN FAVOR OF TH E 16
DEFENDANT AGAI NST THE PLAINTIFF . 17
(3) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 18
COURT MAY NOT ASSESS AN ATTORNEY ’S FEE AGAINST THE WO MAN ON WHOM A 19
DISMEMBERMENT ABORTI ON WAS PERFORMED OR ATTEMPTED . 20
20–221. 21
(A) IN ANY CIVIL, CRIMINAL, OR ADMINISTRATI VE PROCEEDING OR ACT ION 22
BROUGHT UNDER THIS P ART, THE COURT SHALL DETE RMINE WHETHER THE 23
IDENTITY OF ANY WOMA N ON WHOM A DISMEMBE RMENT ABORTION WAS 24
PERFORMED OR ATTEMPT ED SHALL BE PRESERVE D FROM PUBLIC DISCLO SURE IF 25
SHE DOES NOT GIVE HE R CONSENT TO THE DIS CLOSURE. 26
(B) (1) IF A COURT FINDS THAT THE WOMAN ’S ANONYMITY SHOULD B E 27
PRESERVED UNDER SUBS ECTION (A) OF THIS SECTION, THE COURT SHALL : 28
(I) ISSUE A GAG ORDER TO THE PARTIES, WITNESSES, AND 29
COUNSEL; 30
(II) SEAL THE RECORD ; AND 31 HOUSE BILL 1230 7
(III) EXCLUDE UNAUTHORIZED INDIVID UALS FROM THE 1
COURTROOM OR HEARING ROOM TO THE EXTENT N ECESSARY TO SAFEGUAR D HER 2
IDENTITY FROM PUBLIC DISCLOSURE. 3
(2) EACH ORDER ISSUED UND ER PARAGRAPH (1) OF THIS 4
SUBSECTION SHALL BE ACCOMPANIED BY SPECI FIC WRITTEN FINDINGS 5
EXPLAINING: 6
(I) WHY THE IDENTITY OF T HE WOMAN SHOULD BE P RESERVED 7
FROM PUBLIC DISCLOSU RE; 8
(II) WHY THE ORDER IS ESSE NTIAL TO PRESERVING THE 9
WOMAN’S ANONYMITY; 10
(III) HOW THE ORDER IS NARR OWLY TAILORED TO SER VE THE 11
WOMAN’S INTERESTS; AND 12
(IV) WHY NO REASONABLE , LESS RESTRICTIVE ALT ERNATIVE 13
EXISTS. 14
(C) IN THE ABSENCE OF THE WRITTEN CONSENT OF T HE WOMAN ON WHOM 15
A DISMEMBERMENT ABOR TION WAS PERFORMED O R ATTEMPTED , ANY INDIVIDUAL 16
OTHER THAN A PUBLIC OFFICIAL WHO BRINGS AN ACTION UNDER § 20–220 OF THIS 17
SUBTITLE SHALL DO SO UNDER A PSEUDONYM . 18
(D) THIS SECTION MAY NOT BE CONSTRUED TO CONC EAL THE IDENTITY OF 19
THE PLAINTIFF OR OF A WITNESS FROM THE D EFENDANT OR FROM AN ATTORNEY 20
FOR THE DEFENDANT . 21
20–222. 22
THIS PART MAY NOT BE CONSTRUED TO CREATE OR RECOGNIZE A RIGHT TO 23
AN ABORTION OR A RIG HT TO A PARTICULAR M ETHOD OF ABORTION . 24
20–223. 25
THIS PART MAY BE CITE D AS THE MARYLAND UNBORN CHILD PROTECTION 26
FROM DISMEMBERMENT ABORTION ACT. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effe ct 28
October 1, 2022. 29