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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Every New Heart De-
serves a Chance Act of 2019’’. 
SEC. 2. ABORTIONS PROHIBITED WITHOUT A CHECK FOR 
FETAL HEARTBEAT, OR IF A FETAL HEART-
BEAT IS DETECTABLE. 
(a) ABORTIONS PROHIBITED WITHOUT
A CHECK 
FOR FETAL HEARTBEAT, OR IF A FETAL HEARTBEAT IS 
VerDate Sep 11 2014 
00:08 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3985.IH
H3985
kjohnson on DSK79L0C42 with BILLS
DETECTABLE.—Chapter 74 of title 18, United States 
Code, is amended— 
(1) in the chapter heading, by striking ‘‘PAR-
TIAL-BIRTH’’; 
(2) by inserting after section 1531 the fol-
lowing: 
‘‘§ 1532. Certain abortions prohibited 
‘‘(a) OFFENSE.—Any physician who knowingly per-
forms an abortion and thereby kills a human fetus— 
‘‘(1) without determining, according to stand-
ard medical practice, whether the fetus has a detect-
able heartbeat; 
‘‘(2) without informing the mother of the re-
sults of that determination; or 
‘‘(3) after determining, according to standard 
medical practice, that the fetus has a detectable 
heartbeat, 
shall be fined under this title or imprisoned not more than 
5 years, or both. For purposes of this subsection, the pres-
ence of a fetal heartbeat may be detected through the use 
of transabdominal ultrasonograph. 
‘‘(b) DEFENDANT MAY SEEK HEARING.—A defend-
ant 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 
VerDate Sep 11 2014 
00:08 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3985.IH
H3985
kjohnson on DSK79L0C42 with BILLS
mother whose life was endangered by a physical disorder, 
physical illness, or physical injury, including a life-endan-
gering physical condition caused by or arising from the 
pregnancy itself, but not including psychological or emo-
tional 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 hear-
ing to take place. 
‘‘(c) EXCEPTIONS.—Subsection (a) does not apply 
if— 
‘‘(1) in reasonable medical judgment, the abor-
tion is necessary to save the life of a pregnant 
woman whose life is endangered by a physical dis-
order, 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 
VerDate Sep 11 2014 
00:08 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3985.IH
H3985
kjohnson on DSK79L0C42 with BILLS
‘‘(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 author-
ized to act on reports of child abuse; or 
‘‘(B) a law enforcement agency. 
‘‘(d) 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. 
‘‘(e) REQUIREMENT FOR DATA RETENTION.—The 
physician shall include in the medical file of the mother 
documentation of the determination, according to stand-
ard medical practice, of whether the fetus has a detectable 
heartbeat, the results of that determination, notification 
of the mother of those results, and any information en-
tered 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. 
‘‘(f) SEVERABILITY.—If any provision of this section 
or the application of such provision to any person or cir-
cumstance is held to be invalid, the remainder of this sec-
VerDate Sep 11 2014 
00:08 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3985.IH
H3985
kjohnson on DSK79L0C42 with BILLS
tion and the application of the provisions of the remainder 
to any person or circumstance shall not be affected there-
by.’’; 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’’. 
Æ 
VerDate Sep 11 2014 
00:08 Aug 13, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H3985.IH
H3985
kjohnson on DSK79L0C42 with BILLS