,i #aafth ,,congress #ast ,session ,h4 ,r4 #ief ,,in ,,the ,,house ,,of ,,representatives ,february #d1 #bjai,mrs4 ,lesko 7for herself1 ,mr4 ,smith of ,new ,jersey1 ,mr4 ,gaetz1 ,mr4 ,biggs1 ,mr4 ,mooney of ,west ,virginia1 ,mr4 ,johnson of ,louisiana1 ,mr4 ,weber of ,texas1 ,mrs4 ,hartzler1 ,mr4 ,allen1 ,mr4 ,loudermilk1 ,mr4 ,grothman1 ,mr4 ,abraham1 ,mr4 ,norman1 ,mr4 ,spano1 ,mr4 ,lamborn1 ,mr4 ,gibbs1 ,mr4 ,chabot1 and ,mr4 ,joyce of ,pennsylvania7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to prohibit dismemberment abortions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,saving ,children ,act4 #b4 ,dismemberment abortion ban 7a7 ,in general ,chapter #gd of title #ah1 ,united ,states ,code1 is amended by inserting after section #aeca the following3 #aecb4 ,dismemberment abortion ban 7a7 ,dismemberment abortion prohibited ,any physician who1 in or affecting interstate or foreign commerce1 knowingly performs a dismemberment abortion and thereby kills an unborn child shall be fined under this title or imprisoned not more than #b years1 or both4 ,this subsection does not apply to a dismemberment abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder1 physical illness1 or physical injury1 including a life-endangering physical condition caused by or arising from the pregnancy itself4 7b7 ,rule of construction ,nothing in this section shall be construed to limit abortions performed for any reason1 including when the pregnancy is a result of rape or incest1 if performed by a method other than dismemberment abortion4 7c7 ,civil remedies 7#a7 ,civil action by a woman on whom an abortion is performed ,a woman upon whom an abortion has been performed in violation of any provision of this section may1 in a civil action against any person who committed the violation1 obtain appropriate relief4 7#b7 ,civil action by a parent of a minor on whom an abortion is performed ,a parent of a minor upon whom an abortion has been performed in violation of any provision of this section may1 in a civil action against any person who committed the violation obtain appropriate relief1 unless the pregnancy resulted from the plaintiff's criminal conduct4 7#c7 ,appropriate relief ,appropriate relief in a civil action under this subsection includes-- 7,a7 objectively verifiable money damages for all injuries1 psychological and physical1 occasioned by the violation2 7,b7 statutory damages equal to three times the cost of the abortion2 and 7,c7 punitive damages4 7#d7 ,attorneys fees for plaintiff ,the court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection4 7#e7 ,attorneys fees for defendant ,if a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous1 the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff4 7#f7 ,awards against woman ,except under paragraph 7#e71 in a civil action under this subsection1 no damages1 attorney's fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted4 7d7 ,immunity from prosecution for woman upon whom a dismemberment abortion is performed ,a woman upon whom a dismemberment abortion is performed may not be prosecuted under this section1 for a conspiracy to violate this section1 or for an offense under section #b1 #c1 or #d of this title based on a violation of this section4 7e7 ,definitions ,in this section-- 7#a7 ,abortion ,the term abortion means the use or prescription of any instrument1 medicine1 drug1 or any other substance or device-- 7,a7 to intentionally kill the unborn child of a woman known to be pregnant2 or 7,b7 to intentionally terminate the pregnancy of a woman known to be pregnant1 with an intention other than-- 7i7 after viability to produce a live birth and preserve the life and health of the child born alive2 or 7ii7 to remove a dead unborn child4 7#b7 ,dismemberment abortion ,the term dismemberment abortion-- 7,a7 means1 with the purpose of causing the death of an unborn child1 knowingly dismembering a living unborn child and extracting such unborn child one piece at a time or intact but crushed from the uterus through the use of clamps1 grasping forceps1 tongs1 scissors or similar instruments that1 through the convergence of two rigid levers1 slice1 crush or grasp a portion of the unborn child's body in order to cut or rip it off or crush it2 but 7,b7 does not include an abortion which uses suction to dismember the body of the unborn child by sucking fetal parts into a collection container unless the actions described in subparagraph 7,a7 are used to cause the death of an unborn child but suction is subsequently used to extract fetal parts after the death of the unborn child4 7#c7 ,minor ,the term minor means an individual who has not attained the age of #ah years4 7#d7 ,physician ,the term physician means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the ,state in which the doctor performs such activity1 or any other individual legally authorized by the ,state to perform abortions3 ,provided1 however1 ,that any individual who is not a physician or not otherwise legally authorized by the ,state to perform abortions1 but who nevertheless directly performs an abortion prohibited in this section shall be subject to the provisions of this section4 7#e7 ,unborn child ,the term unborn child means an individual organism of the species homo sapiens1 beginning at fertilization1 until the point of being born alive as defined in section #h7;b7 of title #a4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #gd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new item3 #aecb4 ,dismemberment abortion ban4 4 7c7 ,chapter heading amendments 7#a7 ,chapter heading in chapter ,the chapter heading for chapter #gd of title #ah1 ,united ,states ,code1 is amended by striking ,partial-birth abortions and inserting ,abortions4 7#b7 ,table of chapters for part i ,the item relating to chapter #gd in the table of chapters at the beginning of part ,i of title #ah1 ,united ,states ,code1 is amended by striking ,partial-birth abortions and inserting ,abortions4