EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0535*
SENATE BILL 535
J1 2lr1025
SB 1067/18 – SRU
By: Senators Ready, Bailey, Edwards, Hershey, Salling, and Simonaire
Introduced and read first time: January 28, 2022
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Unborn Child Protection From Dismemberment Abortion Act 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 on a 4
pregnant woman; providing for certain hearing proceedings before the State Board 5
of Physicians; authorizing certain individuals to bring certain legal actions against 6
an individual who has performed or attempted to perform a dismemberment 7
abortion; and generally relating to the Unborn Child Protection From 8
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
20–217. 23 2 SENATE BILL 535
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) “ABORTION” MEANS THE USE OF ANY INSTRUMENT , MEDICINE, DRUG, 3
OR ANY OTHER SUBSTANCE OR DEVI CE TO: 4
(1) PURPOSELY KILL THE UN BORN CHILD OF A PREG NANT WOMAN ; 5
OR 6
(2) PURPOSELY TERMINATE T HE PREGNANCY OF A PR EGNANT 7
WOMAN, WITH A PURPOSE OTHER THAN TO: 8
(I) AFTER VIABILITY, PRODUCE A LIVE BIRTH AND PRESERVE 9
THE LIFE AND HEALTH OF THE CHILD BORN ALIVE; OR 10
(II) REMOVE THE REMAINS OF A DEAD UNBORN CHILD . 11
(C) (1) “ATTEMPT TO PERFORM A DISMEMBERMENT ABORTI ON” MEANS 12
AN ACT OR AN OMISSIO N OF A STATUTORILY R EQUIRED ACT , THAT, UNDER THE 13
CIRCUMSTANCES AS THE INDIVIDUAL BELIEV ES THEM TO BE , CONSTITUTES A 14
SUBSTANTIAL STEP IN A COURSE OF CONDUCT PLANNED TO CULMINATE IN THE 15
PERFORMANCE OF A DIS MEMBERMENT ABORTION . 16
(2) “ATTEMPT TO PERFORM A DISMEMBERMENT ABORTI ON” 17
INCLUDES: 18
(I) AGREEING WITH AN INDI VIDUAL TO PERFORM A 19
DISMEMBERMENT ABORTION ON THE INDIVIDUAL OR ON ANY OTHER INDIVIDUAL , 20
WHETHER OR NOT : 21
1. THE TERM “DISMEMBERMENT ABORTI ON” IS USED IN 22
THE AGREEMENT ; OR 23
2. THE AGREEMENT IS CONT INGENT ON ANOTHER 24
FACTOR SUCH AS RECEI PT OF PAYMENT OR A D ETERMINATION OF PRE GNANCY; AND 25
(II) SCHEDULING OR PLANNIN G A TIME TO PERFORM A 26
DISMEMBERMENT ABORTI ON ON AN INDIVIDUAL , WHETHER OR NOT : 27
1. THE TERM “DISMEMBERMENT ABORTI ON” IS USED; 28
OR 29
2. THE PERFORMANCE OF TH E DISMEMBERMENT 30 SENATE BILL 535 3
ABORTION IS CONTINGE NT ON ANOTHER FA CTOR SUCH AS RECEIPT OF PAYMENT OR 1
A DETERMINATION OF P REGNANCY. 2
(D) (1) “DISMEMBERMENT ABORTIO N” MEANS, WITH THE INTENT TO 3
CAUSE THE DEATH OF T HE UNBORN CHILD , TO PURPOSELY DISMEMB ER A LIVING 4
UNBORN CHILD BY USIN G CLAMPS, GRASPING FORCEPS , TONGS, SCISSORS, OR 5
SIMILAR INSTRUMENTS THAT, THROUGH THE CONVERGE NCE OF TWO RIGID LEV ERS, 6
SLICE, CRUSH, OR GRASP A PORTION O F THE UNBORN CHILD ’S BODY TO CUT OR RIP 7
IT OFF AND TO EXTRAC T THE PIECES OF THE BODY OF THE UNBORN C HILD ONE AT 8
A TIME WITH THE AFOR EMENTIONED D EVICES OR TOOLS OR B Y USE OF A SUCTION 9
DEVICE. 10
(2) “DISMEMBERMENT ABORTIO N” DOES NOT INCLUDE AN ABORTION 11
THAT ONLY USES SUCTI ON TO DISMEMBER THE BODY OF THE UNBORN C HILD BY 12
SUCKING FETAL PARTS IN THEIR ENTIRETY IN TO A COLLECTION CONT AINER. 13
(E) “PHYSICIAN” HAS THE MEANING STAT ED IN § 20–207 OF THIS SUBTITLE. 14
(F) “PURPOSELY” MEANS: 15
(1) REGARDING A MATERIAL ELEMENT OF A VIOLATI ON, AN 16
INDIVIDUAL’S CHOICE TO CONSCIOU SLY ENGAGE IN CONDUC T OF THAT NATURE OR 17
TO CAUSE THAT RESULT ; OR 18
(2) REGARDING AN ELEMENT THAT INVOLVES THE AT TENDANT 19
CIRCUMSTANCES OF A V IOLATION, THE INDIVIDUAL IS AW ARE OF THE EXISTENCE 20
OF THOSE CIRCUMSTANC ES OR BELIEVES OR HO PES THAT THOSE CIRCU MSTANCES 21
EXIST. 22
(G) (1) “SERIOUS HEALTH RISK T O THE PREGNANT WOMAN ” MEANS 23
THAT, IN THE REASONABLE ME DICAL JUDGMENT OF A PHYSICIAN, THE PREGNANT 24
WOMAN HAS A CONDITIO N THAT SO COMPLICATE S HER MEDICAL CONDIT ION THAT 25
IT NECESSITATES THE ABORTION OF HER PREG NANCY TO AVERT HER D EATH OR TO 26
AVERT A SERIOUS RISK OF SUBSTANTIAL AND I RREVERSIBLE PHYSICAL 27
IMPAIRMENT OF A MAJO R BODILY FUNCTION . 28
(2) “SERIOUS HEALTH RISK T O THE PREGNANT WOMAN ” DOES NOT 29
INCLUDE A PSYCHOLOGI CAL OR EMOTIONAL CON DITION, INCLUDING A CONDITIO N 30
THAT IS BASED ON A C LAIM OR DIAGNOSIS TH AT THE PREGNANT WOMA N WILL 31
ENGAGE IN CONDUCT THAT S HE INTENDS TO RESULT IN HER DEATH OR IN 32
SUBSTANTIAL AND IRRE VERSIBLE PHYSICAL IM PAIRMENT OF A MAJOR BODILY 33
FUNCTION. 34
(H) “WOMAN” MEANS A FEMALE HUMAN BEING OF ANY AGE . 35 4 SENATE BILL 535
20–218. 1
AN INDIVIDUAL MAY NOT PURPOSELY PERFORM OR ATTEMPT TO P ERFORM A 2
DISMEMBERMENT ABORTI ON THAT KILLS AN UNB ORN CHILD UNLESS THE 3
ABORTION IS NECESSAR Y TO PREVENT A SERIO US HEALTH RISK TO TH E PREGNANT 4
WOMAN. 5
20–219. 6
(A) AN INDIVIDUAL ACCUSED IN ANY PROCEEDING OF A VIOLATION OF § 7
20–218 OF THIS SUBTITLE MAY SEEK A HEARING BEFORE THE STATE BOARD OF 8
PHYSICIANS ON WHETHER THE DISMEMBERMENT AB ORTION WAS NECESSARY TO 9
PREVENT A SERIOUS HE ALTH RISK TO THE PRE GNANT WOMAN . 10
(B) (1) THE STATE BOARD OF PHYSICIANS’ FINDINGS FROM A HEAR ING 11
UNDER SUBSECTION (A) OF THIS SECTION ARE ADMISSIB LE ON THAT ISSUE AT ANY 12
TRIAL IN WHICH A VIO LATION OF § 20–218 OF THIS SUBTITLE IS ALLEGED. 13
(2) ON A MOTION OF THE DE FENDANT, THE COURT SHALL DELA Y THE 14
BEGINNING OF THE TRI AL FOR NOT MORE THAN 30 DAYS TO ALLOW FOR A HEARING 15
UNDER SUB SECTION (A) OF THIS SECTION. 16
(C) THE FOLLOWING INDIVID UALS MAY NOT BE HELD LIABLE FOR 17
PERFORMING OR ATTEMP TING TO PERFORM A DI SMEMBERMENT ABORTION : 18
(1) THE PREGNANT WOMAN ON WHOM THE DISMEMBERME NT 19
ABORTION WAS PERFORM ED OR ATTEMPTED ; 20
(2) ANY NURSE, TECHNICIAN, SECRETARY, RECEPTIONIST , OR OTHER 21
EMPLOYEE OR AGENT OF A PHYSICIAN WHO PERF ORMED OR ATTEMPTED T O 22
PERFORM A DISMEMBERM ENT ABORTION WHO ACT S AT THE DIRECTION O F THE 23
PHYSICIAN; OR 24
(3) ANY PHARMACIST OR OTH ER INDIVIDUAL WHO IS NOT A 25
PHARMACIST BUT WHO FILLS A PRES CRIPTION OR PROVIDES INSTRUMENTS OR 26
MATERIALS USED IN A DISMEMBERMENT ABORTI ON AT THE DIRECTION OF OR TO A 27
PHYSICIAN WHO PERFOR MED OR ATTEMPTED TO PERFORM A DISMEMBERM ENT 28
ABORTION. 29
(D) THIS PART MAY NOT BE CONSTRUED TO PREVENT AN ABORTION FOR 30
ANY REASON, INCLUDING RAPE AND I NCEST, OR BY ANY OTHER METH OD. 31
20–220. 32 SENATE BILL 535 5
(A) (1) ANY OF THE FOLLOWING INDIVIDUALS MAY BRIN G AN ACTION TO 1
OBTAIN A PERMANENT I NJUNCTION AGAINST AN INDIVIDUAL WHO HAS P ERFORMED 2
OR ATTEMPTED TO PERF ORM A DISMEMBERMENT ABORTION IN VIOLATIO N OF 3
§ 20–218 OF THIS SUBTITLE IN THE CIRCUIT COURT OF THE COUNTY WHERE THE 4
INDIVIDUAL RESIDES O R WHERE THE DISMEMBE RMENT ABORTION WAS 5
PERFORMED : 6
(I) A PREGNANT WOMAN ON WH OM A DISMEMBERMENT 7
ABORTION WAS PERFORM ED OR ATTEMPTED ; 8
(II) AN INDIVIDUAL WHO IS THE SPOUSE , THE PARENT OR 9
GUARDIAN, OR A LICENSED OR FOR MERLY LICENSED HEALT H CARE PROVIDER OF A 10
WOMAN ON WHOM A DISM EMBERMENT ABORTION W AS PERFORMED OR ATTE MPTED; 11
OR 12
(III) A PROSECUTING ATTORNEY WITH APPROPRIATE 13
JURISDICTION. 14
(2) THE INJUNCTION SHALL PREVENT THE DEFENDAN T FROM 15
PERFORMING OR ATTEMP TING TO PERFORM DISM EMBERMENT ABORTIONS IN 16
VIOLATION OF § 20–218 OF THIS SUBTITLE. 17
(B) (1) THE FOLLOWING INDIVID UALS MAY BRING A CIV IL ACTION 18
AGAINST AN INDIVIDUA L WHO PERFORMED A DISMEMBE RMENT ABORTION IN 19
VIOLATION OF § 20–218 OF THIS SUBTITLE: 20
(I) ANY WOMAN ON WHOM A D ISMEMBERMENT ABORTIO N HAS 21
BEEN PERFORMED IN VI OLATION OF § 20–218 OF THIS SUBTITLE ; 22
(II) THE FATHER OF THE UNB ORN CHILD, IF MARRIED TO THE 23
WOMAN AT THE TIME THE DISM EMBERMENT ABORTION W AS PERFORMED ; OR 24
(III) IF THE PREGNANT WOMAN WAS A MINOR AT THE T IME OF 25
THE DISMEMBERMENT AB ORTION OR DIED AS A RESULT OF THE DISMEM BERMENT 26
ABORTION, THE MATERNAL GRANDPA RENTS OF THE UNBORN CHILD. 27
(2) (I) A CIVIL ACTION TAKEN U NDER PARAGRAPH (1) OF THIS 28
SUBSECTION MAY SEEK THE IMPOSITION OF DA MAGES AS SET FORTH I N 29
SUBPARAGRAPH (II) OF THIS PARAGRAPH , AN INJUNCTION TO PRO HIBIT THE 30
INDIVIDUAL FROM CONT INUING THE VIOLATION , OR BOTH. 31
(II) THE COURT MAY AWARD : 32 6 SENATE BILL 535
1. MONETARY DAMAGES FOR ALL INJURIES INCURRE D 1
BY THE INDIVIDUAL AS A RESULT OF THE DISM EMBERMENT ABORTION , INCLUDING 2
PSYCHOLOGICAL AND PH YSICAL INJURIES; AND 3
2. STATUTORY DAMAGES EQU AL TO THREE TIMES TH E 4
COST OF THE DISMEMBE RMENT ABORTION . 5
(3) NO DAMAGES MAY BE AWA RDED TO A PLAINTIFF IF THE 6
PREGNANCY RESULTED F ROM THE PLAINTIFF ’S CRIMINAL CONDUCT . 7
(C) (1) IF A JUDGMENT IS REND ERED IN FAVOR OF THE PLAINTIFF IN AN 8
ACTION TAKEN UNDER S UBSECTION (A) OR (B) OF THIS SECTION, THE COURT SHALL 9
ORDER A REASONABLE ATTORNE Y’S FEE FOR THE PLAINT IFF AGAINST THE 10
DEFENDANT . 11
(2) IF A JUDGMENT IS REND ERED IN FAVOR OF THE DEFENDANT IN 12
AN ACTION TAKEN UNDE R SUBSECTION (A) OR (B) OF THIS SECTION AND THE COURT 13
FINDS THAT THE PLAIN TIFF’S SUIT WAS FRIVOLOUS AND BROUGHT IN BAD FAITH , 14
THE COURT SHALL ORDE R A REASONABLE ATTOR NEY’S FEE IN FAVOR OF TH E 15
DEFENDANT AGAINST TH E PLAINTIFF. 16
(3) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 17
COURT MAY NOT ASSESS AN ATTORNEY ’S FEE AGAINST THE WO MAN ON WHOM A 18
DISMEMBERMENT ABORTION W AS PERFORMED OR ATTE MPTED. 19
20–221. 20
(A) IN ANY CIVIL, CRIMINAL, OR ADMINISTRATIVE PR OCEEDING OR ACTION 21
BROUGHT UNDER THIS P ART, THE COURT SHALL DETE RMINE WHETHER THE 22
IDENTITY OF ANY WOMA N ON WHOM A DISMEMBE RMENT ABORTION WAS 23
PERFORMED OR ATTEMPTED SHALL B E PRESERVED FROM PUB LIC DISCLOSURE IF 24
SHE DOES NOT GIVE HE R CONSENT TO THE DIS CLOSURE. 25
(B) (1) IF A COURT FINDS THAT THE WOMAN ’S ANONYMITY SHOULD B E 26
PRESERVED UNDER SUBS ECTION (A) OF THIS SECTION, THE COURT SHALL : 27
(I) ISSUE A GAG ORDER TO THE PARTIES , WITNESSES, AND 28
COUNSEL; 29
(II) SEAL THE RECORD ; AND 30
(III) EXCLUDE UNAUTHORIZED INDIVIDUALS FROM THE 31 SENATE BILL 535 7
COURTROOM OR HEARING ROOM TO THE EXTENT N ECESSARY TO SAFEGUAR D HER 1
IDENTITY FROM PUBLIC DISCLOSURE. 2
(2) EACH ORDER ISSUED UN DER PARAGRAPH (1) OF THIS 3
SUBSECTION SHALL BE ACCOMPANIED BY SPECI FIC WRITTEN FINDINGS 4
EXPLAINING: 5
(I) WHY THE IDENTITY OF T HE WOMAN SHOULD BE P RESERVED 6
FROM PUBLIC DISCLOSU RE; 7
(II) WHY THE ORDER IS ESSE NTIAL TO PRESERVING THE 8
WOMAN’S ANONYMITY; 9
(III) HOW THE ORDER IS NARR OWLY TAILORED TO SER VE THE 10
WOMAN’S INTERESTS; AND 11
(IV) WHY NO REASONABLE , LESS RESTRICTIVE ALT ERNATIVE 12
EXISTS. 13
(C) IN THE ABSENCE OF THE WRITTEN CONSENT OF T HE WOMAN ON WHOM 14
A DISMEMBERMENT ABOR TION WAS PERFORMED O R ATTEMPTED, ANY INDIVIDUAL 15
OTHER THAN A PUBLIC OFFICIAL WHO BRINGS AN ACTION UNDER § 20–220 OF THIS 16
SUBTITLE SHALL DO SO UNDER A PSEUDONYM . 17
(D) THIS SECTION MAY NOT BE CONSTRUED TO CONC EAL THE IDENTITY OF 18
THE PLAINTIFF OR OF A WITNESS FROM THE D EFENDANT OR FRO M AN ATTORNEY 19
FOR THE DEFENDANT . 20
20–222. 21
THIS PART MAY NOT BE CONSTRUED TO CREATE OR RECOGNIZE A RIGHT TO 22
AN ABORTION OR A RIG HT TO A PARTICULAR M ETHOD OF ABORTION . 23
20–223. 24
THIS PART MAY BE CITE D AS THE “MARYLAND UNBORN CHILD PROTECTION 25
FROM DISMEMBERMENT ABORTION ACT”. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2022. 28