Heartbeat Protection Act of 2023

To amend title 18, United States Code, to prohibit abortion in cases where a fetal heartbeat is detectable. 1. Short title This Act may be cited as the Heartbeat Protection Act of 2023 2. Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable (a) Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable Chapter 74 (1) in the chapter heading, by striking Partial-Birth (2) by inserting after section 1531 the following: 1532. Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable (a) Offense Any physician who knowingly performs an abortion and thereby kills a human unborn child— (1) without determining, according to standard medical practice, whether the unborn child has a detectable heartbeat; (2) without informing the mother of the results of that determination; or (3) after determining, according to standard medical practice, that the unborn child has a detectable heartbeat, shall be fined under this title or imprisoned not more than 5 years, or both. This subsection does not apply to an abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions. (b) Exceptions Subsection (a) shall not apply if— (1) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions; (2) the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion— (A) she has obtained counseling for the rape; or (B) she has obtained medical treatment for the rape or an injury related to the rape; or (3) the pregnancy is a result of rape against a minor or incest against a minor, and the rape or incest has been reported at any time prior to the abortion to either— (A) a government agency legally authorized to act on reports of child abuse; or (B) a law enforcement agency. (c) Documentation requirements (1) Documentation pertaining to adults A physician who performs or attempts to perform an abortion under an exception provided by subsection (b)(2) shall, prior to performing the abortion, place in the patient medical file documentation from a hospital licensed by the State or operated under authority of a Federal agency, a medical clinic licensed by the State or operated under authority of a Federal agency, from a personal physician licensed by the State, a counselor licensed by the State, or a victim’s rights advocate provided by a law enforcement agency that the adult woman seeking the abortion obtained medical treatment or counseling for the rape or an injury related to the rape. (2) Documentation pertaining to minors A physician who performs or attempts to perform an abortion under an exception provided by subsection (b)(3) shall, prior to performing the abortion, place in the patient medical file documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. (d) Requirement for data retention Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient’s medical file pursuant to paragraph (6) of such section and a consent form required to be retained in a patient’s medical file pursuant to paragraph (7) of such section in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. (e) Additional exceptions and requirements (1) Exclusion of certain facilities Notwithstanding the definitions set forth in subsection (j), the counseling described in subsection (b)(2)(A) and subsection (c)(1) or medical treatment may not be provided by a facility that performs abortions (unless that facility is a hospital). (2) Rule of construction in cases of reports to law enforcement The requirements of subsection (b)(2) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. (f) Defendant may seek hearing A defendant indicted for an offense under this section may seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions. The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place. (g) No liability for the mother on whom abortion is performed A mother upon whom an abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section. (h) Requirement for data retention The physician shall include in the medical file of the mother documentation of the determination, according to standard medical practice, of whether the unborn child has a detectable heartbeat, the results of that determination, notification of the mother of those results, and any information entered into evidence in any proceedings under subsection (b). Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to such documentation. (i) Severability If any provision of this section or the application of such provision to any person or circumstance is held to be invalid, the remainder of this section and the application of the provisions of the remainder to any person or circumstance shall not be affected thereby. (j) Definitions In this section: (1) The term counseling (2) The term medical treatment (3) The term abortion (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability to produce a live birth and preserve the life and health of the child born alive; or (ii) to remove a dead unborn child. (4) The term attempt (5) The term facility (6) The term perform (7) The term physician (8) The term reasonable medical judgment (9) The term unborn child (10) The term woman (k) Rules of construction (1) Greater protections Nothing in this section may be construed to pre-empt or limit any Federal, State, or local law that provides greater protections for an unborn child than those provided in this section. (2) Creation of recognition of right Nothing in this section may be construed to create or recognize a right to abortion or to make lawful an abortion that is unlawful on the effective date of this section. ; and (3) in the table of sections, by inserting after the item pertaining to section 1841 the following: 1532. Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable. . (b) Clerical amendment The table of chapters for part I of title 18, United States Code, is amended, in the item relating to chapter 74, to read as follows: 74. Abortions 1531 .

Summary: Heartbeat Protection Act of 2023 This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the unborn child has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a unborn child has a detectable heartbeat. A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. It also provides exceptions for certain pregnancies that are the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.