Heartbeat Protection Act of 2021
Bill: H.R.705 | Sponsor: Rep. Kelly, Mike (R-PA)
Policy area: Crime and Law Enforcement

Summary:
Heartbeat Protection Act of 2021
This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the fetus has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a fetus has a detectable heartbeat.
It 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.
A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both.
A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Heartbeat Protection Act of 2021''.

SEC. 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 of title 18, United States 
Code, is amended--
            (1) in the chapter heading, by striking ``PARTIAL-BIRTH'';
            (2) by inserting after section 1531 the following:
``Sec. 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 fetus--
            ``(1) without determining, according to standard medical 
        practice, whether the fetus 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 fetus 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) 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.
    ``(c) 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.
    ``(d) 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 fetus 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.
    ``(e) 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.''; 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''.
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