Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB18

Introduced
1/23/23  

Caption

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.

Impact

This legislation is positioned as a strong federal measure against discrimination based on genetic conditions, particularly Down syndrome. It reflects a growing trend in legislative actions aimed at protecting unborn children with disabilities. The bill's supporters argue that it addresses moral and ethical considerations surrounding selective abortion practices and emphasizes the value of individuals with disabilities in society. The law seeks to reinforce the rights of these individuals and prevent terminations based solely on Down syndrome diagnoses, stirring dialogue about reproductive rights and disability rights.

Summary

SB18, titled the 'Protecting Individuals with Down Syndrome Act,' addresses the prohibition of abortion based on the prenatal diagnosis of Down syndrome. The bill amends Title 18 of the United States Code, defining new federal crimes related to abortion performed with knowledge of an unborn child's Down syndrome status. Violators could face criminal penalties such as fines or imprisonment for up to five years. Importantly, the bill ensures that women undergoing such abortions are not prosecuted or held liable, focusing instead on holding healthcare providers accountable for discrimination.

Contention

Opposition to SB18 raises concerns about reproductive freedoms and the autonomy of women in making healthcare decisions. Critics argue that such legislation could infringe on a woman's right to choose and potentially complicate medical practices concerning prenatal care. There are apprehensions that the law vilifies medical providers and may escalate tensions in doctor-patient relationships, particularly when discussing sensitive topics related to disability diagnoses. The balance between ensuring protections for unborn children and preserving women's rights remains a contentious matter.

Companion Bills

US HB461

Identical bill 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.

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