Prenatal Nondiscrimination Act (PRENDA) of 2012

Bill: 112-s-3290
Sponsor: Sen. Vitter, David [R-LA]
Introduced: 2012-06-13 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Abortion
Assault and harassment offenses
Civil actions and liability
Crimes against women
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Criminal procedure and sentencing
Health personnel
Legal fees and court costs
Sex, gender, sexual orientation discrimination
Violent crime

Summary:
action_date: 2012-06-13
text: 
Prenatal Nondiscrimination Act (PRENDA) of 2012 - Imposes criminal penalties on anyone who knowingly or knowingly attempts to: (1) perform an abortion knowing that the abortion is sought based on the sex or gender of the child, (2) use force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection abortion, (3) solicit or accept funds for the performance of such an abortion, or (4) transport a woman into the United States or across a state line for the purpose of obtaining such an abortion. 
 
Defines &quot;sex-selection abortion&quot; as an abortion undertaken to eliminate an unborn child based on the sex or gender of the child.
 
Excludes from the definition of &quot;abortion&quot; actions taken to terminate a pregnancy if the intent is to save the life or preserve the health of the unborn child, remove a dead unborn child caused by spontaneous abortion, or remove an ectopic pregnancy. 
 
Authorizes civil actions, for verifiable money damages for injuries and punitive damages, by: (1) fathers, or maternal grandparents if the mother is an unemancipated minor, of unborn children who are the subject of an abortion performed or attempted through any of the above violations; and (2) women upon whom an abortion has been performed with a knowing or attempted use of force or threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection abortion.
 
Authorizes, to prevent an abortion provider from performing or attempting further abortions in violation of this Act, injunctive relief to be obtained by the women upon whom such an abortion is performed or attempted, spouses or parents of a woman upon whom such an abortion is performed, or the Attorney General (DOJ).
 
Deems a violation of this Act to be prohibited discrimination under title VI (Federally Assisted Programs) of the Civil Rights Act of 1964. (Violators of title VI lose federal funding.) 
 
Requires a medical or mental health professional to report known or suspected violations to law enforcement authorities. Imposes criminal penalties for a failure to so report. 

Prohibits a woman having such an abortion from being prosecuted or held civilly liable. 
 
Prohibits this Act from being construed to require that a healthcare provider has an affirmative duty to inquire as to the motivation for the abortion, absent the healthcare provider having knowledge or information that the abortion is sought based on the sex or gender of the child.


Legislative actions:
action_date: 2012-06-13
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2012-06-13
text: Introduced in Senate