S 18 — Protecting Individuals with Down Syndrome Act

Summary

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.

Bill Text

• Introduced Introduced in Senate Current html January 23, 2023

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill introduces provisions to prohibit discrimination against unborn children diagnosed with Down syndrome, thereby amending existing law.

• 18 U.S.C. § 250

  ``Sec. 250. Discrimination by abortion against an unborn child on the basis of Down syndrome prohibited``

  This addition creates a new section prohibiting abortions on the basis of Down syndrome.

• 18 U.S.C. § 250

  ``(a) Definitions.--In this section:``

  This establishes a new definitions subsection for the section regarding Down syndrome.

• 18 U.S.C. § 250

  ``(1) Abortion.--The term `abortion' means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to--``

  This defines the term 'abortion' to clarify what constitutes an abortion under this law.

• 18 U.S.C. § 250

  ``(2) Down syndrome.--The term `Down syndrome' means a chromosomal disorder associated with--``

  This defines 'Down syndrome' specifically within the context of the new law.

• 18 U.S.C. § 250

  ``(3) Qualified plaintiff.--The term `qualified plaintiff' means--``

  This establishes who can bring a legal action regarding violations of this new section.

• 18 U.S.C. § 250

  ``(a) In General.--``

  This introduces the primary offense and establishes the parameters of what is considered discrimination by abortion.

• 18 U.S.C. § 250

  ``(1) perform an abortion--``

  This specifies the actions that constitute illegal discrimination under this section.

• 18 U.S.C. § 250

  ``(b)(1)(A) with the knowledge that a pregnant woman is seeking an abortion, in whole or in part, on the basis of--``

  This prohibits performing an abortion if it's known that the abortion is sought based on Down syndrome.

• 18 U.S.C. § 250

  ``(c) Criminal Penalty.--Any person that violates, or attempts to violate, subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both.``

  This establishes criminal penalties for violating the prohibition against Down syndrome-based abortions.

• 18 U.S.C. § 250

  ``(d) Civil Remedies.--``

  This section establishes civil legal recourse for violations of the law.

• 18 U.S.C. § 250

  ``(d)(1) Civil action by woman on whom abortion is performed.--``

  This allows women who have undergone illegal abortions to sue for damages.

• 18 U.S.C. § 250

  ``(e) Bar to Prosecution.--A woman upon whom an abortion is performed may not be prosecuted or held civilly liable for any violation of this section...``

  This provision protects women from legal repercussions for seeking an abortion prohibited under this new law.

• 18 U.S.C. § 250

  ``(f) Loss of Federal Funding.--A violation of subsection (b) shall be deemed discrimination for the purposes of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).``

  This links violations of the new law to potential loss of federal funding under the Rehabilitation Act.

• 18 U.S.C. § 250

  ``(g) Reporting Requirement.--``

  This establishes a requirement for medical professionals to report violations of this new section.

• 18 U.S.C. § 250

  ``(h) Expedited Consideration.--``

  This mandates expedited judicial procedures for cases brought under this new section.

• 18 U.S.C. § 250

  ``(i) Protection of Privacy in Court Proceedings.--``

  This ensures the confidentiality of women involved in legal actions under this new section.

• 18 U.S.C. § 250

  ``(j) Rule of Construction.--``

  This clarifies that state laws providing greater protections for unborn children remain unaffected.

• 18 U.S.C. § 250

  ``(j)(2) Creating or recognizing right.--Nothing in this section shall be construed as creating or recognizing a right to abortion...``

  This reaffirms that the new section does not establish any new rights related to abortion.

Action History

1. January 23, 2023

   Introduced in Senate

2. January 23, 2023

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• Steve Daines · Primary

Subjects