I 

115TH CONGRESS 

1ST SESSION H. R. 490 

To amend title 18, United States Code, to prohibit abortion in cases where 

a fetal heartbeat is detectable. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 12, 2017 

Mr. KING of Iowa (for himself and Mr. FRANKS of Arizona) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit abortion 

in cases where a fetal heartbeat is detectable. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Heartbeat Protection 

5 Act of 2017’’. 

6 SEC. 2. ABORTIONS PROHIBITED WITHOUT A CHECK FOR 

7 FETAL HEARTBEAT, OR IF A FETAL HEART8 BEAT IS DETECTABLE. 

9 (a) ABORTIONS PROHIBITED WITHOUT A CHECK

10 FOR FETAL HEARTBEAT, OR IF A FETAL HEARTBEAT IS


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1 DETECTABLE.—Chapter 74 of title 18, United States 

2 Code, is amended— 

3 (1) in the chapter heading, by striking ‘‘PAR4 TIAL-BIRTH’’ 

5 (2) by inserting after section 1531 the fol6 lowing: 

7 ‘‘§ 1532. Abortions prohibited without a check for 

8 fetal heartbeat, or if a fetal heartbeat is 

9 detectable 

10 ‘‘(a) OFFENSE.—Any physician who knowingly per11 forms an abortion and thereby kills a human fetus— 

12 ‘‘(1) without determining, according to stand13 ard medical practice, whether the fetus has a detect14 able heartbeat; 

15 ‘‘(2) without informing the mother of the re16 sults of that determination; or 

17 ‘‘(3) after determining, according to standard 

18 medical practice, that the fetus has a detectable 

19 heartbeat, 

20 shall be fined under this title or imprisoned not more than 

21 5 years, or both. This subsection does not apply to an 

22 abortion that is necessary to save the life of a mother 

23 whose life is endangered by a physical disorder, physical 

24 illness, or physical injury, including a life-endangering 

25 physical condition caused by or arising from the pregnancy 


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1 itself, but not including psychological or emotional condi2 tions. 

3 ‘‘(b) DEFENDANT MAY SEEK HEARING.—A defend4 ant indicted for an offense under this section may seek 

5 a hearing before the State Medical Board on whether the 

6 physician’s conduct was necessary to save the life of the 

7 mother whose life was endangered by a physical disorder, 

8 physical illness, or physical injury, including a life-endan9 gering physical condition caused by or arising from the 

10 pregnancy itself, but not including psychological or emo11 tional conditions. The findings on that issue are admissible 

12 on that issue at the trial of the defendant. Upon a motion 

13 of the defendant, the court shall delay the beginning of 

14 the trial for not more than 30 days to permit such a hear15 ing to take place. 

16 ‘‘(c) NO LIABILITY FOR THE MOTHER ON WHOM

17 ABORTION IS PERFORMED.—A mother upon whom an 

18 abortion is performed may not be prosecuted under this 

19 section, for a conspiracy to violate this section, or for an 

20 offense under section 2, 3, or 4 of this title based on a 

21 violation of this section. 

22 ‘‘(d) REQUIREMENT FOR DATA RETENTION.—The 

23 physician shall include in the medical file of the mother 

24 documentation of the determination, according to stand25 ard medical practice, of whether the fetus has a detectable 


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1 heartbeat, the results of that determination, notification 

2 of the mother of those results, and any information en3 tered into evidence in any proceedings under subsection 

4 (b). Paragraph (j)(2) of section 164.530 of title 45, Code 

5 of Federal Regulations, shall apply to such documentation. 

6 ‘‘(e) SEVERABILITY.—If any provision of this section 

7 or the application of such provision to any person or cir8 cumstance is held to be invalid, the remainder of this sec9 tion and the application of the provisions of the remainder 

10 to any person or circumstance shall not be affected there11 by.’’; and 

12 (3) in the table of sections, by inserting after 

13 the item pertaining to section 1841 the following: 

‘‘1532. Abortions prohibited without a check for fetal heartbeat, or if a fetal 

heartbeat is detectable.’’. 

14 (b) CLERICAL AMENDMENT.—The table of chapters 

15 for part I of title 18, United States Code, is amended, 

16 in the item relating to chapter 74, to read as follows: 

‘‘74. Abortions .......................................................................................... 1531’’. 

Æ 


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