I 

116TH CONGRESS 

1ST SESSION H. R. 3985 

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

a fetal heartbeat is detectable. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2019 

Mr. FLORES (for himself and Mrs. LESKO) 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 ‘‘Every New Heart De5 serves a Chance Act of 2019’’. 

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. Certain abortions prohibited 

8 ‘‘(a) OFFENSE.—Any physician who knowingly per9 forms an abortion and thereby kills a human fetus— 

10 ‘‘(1) without determining, according to stand11 ard medical practice, whether the fetus has a detect12 able heartbeat; 

13 ‘‘(2) without informing the mother of the re14 sults of that determination; or 

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

16 medical practice, that the fetus has a detectable 

17 heartbeat, 

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

19 5 years, or both. For purposes of this subsection, the pres20 ence of a fetal heartbeat may be detected through the use 

21 of transabdominal ultrasonograph. 

22 ‘‘(b) DEFENDANT MAY SEEK HEARING.—A defend23 ant indicted for an offense under this section may seek 

24 a hearing before the State Medical Board on whether the 

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


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1 mother whose life was endangered by a physical disorder, 

2 physical illness, or physical injury, including a life-endan3 gering physical condition caused by or arising from the 

4 pregnancy itself, but not including psychological or emo5 tional conditions. The findings on that issue are admissible 

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

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

8 the trial for not more than 30 days to permit such a hear9 ing to take place. 

10 ‘‘(c) EXCEPTIONS.—Subsection (a) does not apply 

11 if— 

12 ‘‘(1) in reasonable medical judgment, the abor13 tion is necessary to save the life of a pregnant 

14 woman whose life is endangered by a physical dis15 order, physical illness, or physical injury, including 

16 a life-endangering physical condition caused by or 

17 arising from the pregnancy itself, but not including 

18 psychological or emotional conditions; 

19 ‘‘(2) the pregnancy is the result of rape against 

20 an adult woman, and at least 48 hours prior to the 

21 abortion— 

22 ‘‘(A) she has obtained counseling for the 

23 rape; or 

24 ‘‘(B) she has obtained medical treatment 

25 for the rape or an injury related to the rape; or 


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1 ‘‘(3) the pregnancy is a result of rape against 

2 a minor or incest against a minor, and the rape or 

3 incest has been reported at any time prior to the 

4 abortion to either— 

5 ‘‘(A) a government agency legally author6 ized to act on reports of child abuse; or 

7 ‘‘(B) a law enforcement agency. 

8 ‘‘(d) NO LIABILITY FOR THE MOTHER ON WHOM

9 ABORTION IS PERFORMED.—A mother upon whom an 

10 abortion is performed may not be prosecuted under this 

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

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

13 violation of this section. 

14 ‘‘(e) REQUIREMENT FOR DATA RETENTION.—The 

15 physician shall include in the medical file of the mother 

16 documentation of the determination, according to stand17 ard medical practice, of whether the fetus has a detectable 

18 heartbeat, the results of that determination, notification 

19 of the mother of those results, and any information en20 tered into evidence in any proceedings under subsection 

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

22 of Federal Regulations, shall apply to such documentation. 

23 ‘‘(f) SEVERABILITY.—If any provision of this section 

24 or the application of such provision to any person or cir25 cumstance is held to be invalid, the remainder of this secVerDate Sep 11 2014 00:08 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3985.IH H3985

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1 tion and the application of the provisions of the remainder 

2 to any person or circumstance shall not be affected there3 by.’’; and 

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

5 the item pertaining to section 1841 the following: 

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

heartbeat is detectable.’’. 

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

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

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

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

Æ 


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