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.
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.
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.
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.