,i #aahth ,,congress #ast ,session ,h4 ,r4 #age ,,in ,,the ,,house ,,of ,,representatives ,january #i1 #bjbc,mr4 ,kelly of ,pennsylvania 7for himself1 ,mr4 ,smith of ,new ,jersey1 ,mrs4 ,cammack1 ,mr4 ,williams of ,texas1 ,mr4 ,mooney1 ,mr4 ,grothman1 ,mr4 ,duncan1 ,mr4 ,banks1 ,mr4 ,carl1 ,mr4 ,hudson1 ,mr4 ,la,hood1 ,mr4 ,fleischmann1 ,mr4 ,lamborn1 ,mr4 ,moore of ,alabama1 ,mr4 ,johnson of ,ohio1 ,mr4 ,tiffany1 ,mrs4 ,boebert1 ,mr4 ,mast1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,feenstra1 ,mr4 ,griffith1 ,mr4 ,allen1 ,mr4 ,joyce of ,pennsylvania1 ,mr4 ,graves of ,louisiana1 ,mr4 ,walberg1 ,mr4 ,burchett1 ,mr4 ,cline1 ,mr4 ,weber of ,texas1 ,mr4 ,aderholt1 ,mr4 ,estes1 ,mr4 ,babin1 ,mr4 ,bergman1 ,mr4 ,rose1 ,mr4 ,arrington1 ,mr4 ,webster of ,florida1 ,mr4 ,kelly of ,mississippi1 ,mr4 ,posey1 ,mr4 ,kustoff1 ,mr4 ,biggs1 ,mr4 ,jackson of ,texas1 ,mr4 ,moolenaar1 ,mrs4 ,harshbarger1 ,mr4 ,luetkemeyer1 ,mr4 ,fitzgerald1 ,mr4 ,austin ,scott of ,georgia1 ,mr4 ,reschenthaler1 ,mr4 ,crawford1 ,mr4 ,fallon1 ,mr4 ,dunn of ,florida1 ,mr4 ,clyde1 ,mr4 ,johnson of ,south ,dakota1 ,mr4 ,harris1 ,mr4 ,good of ,virginia1 ,mr4 ,simpson1 ,mr4 ,langworthy1 ,mr4 ,wenstrup1 ,mr4 ,baird1 ,mrs4 ,fischbach1 ,mrs4 ,lesko1 ,mrs4 ,miller of ,west ,virginia1 ,mr4 ,smucker1 ,mr4 ,guthrie1 and ,mr4 ,latta7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to prohibit abortion in cases where a fetal heartbeat is detectable4 #a4 ,short title ,this ,act may be cited as the ,heartbeat ,protection ,act of #bjbc4 #b4 ,abortions prohibited without a check for fetal heartbeat1 or if a fetal heartbeat is detectable 7a7 ,abortions prohibited without a check for fetal heartbeat1 or if a fetal heartbeat is detectable ,chapter #gd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the chapter heading1 by striking ,partial-,birth2 7#b7 by inserting after section #aeca the following3 #aecb4 ,abortions prohibited without a check for fetal heartbeat1 or if a fetal heartbeat is detectable 7a7 ,offense ,any physician who knowingly performs an abortion and thereby kills a human unborn child-- 7#a7 without determining1 according to standard medical practice1 whether the unborn child has a detectable heartbeat2 7#b7 without informing the mother of the results of that determination2 or 7#c7 after determining1 according to standard medical practice1 that the unborn child has a detectable heartbeat1 shall be fined under this title or imprisoned not more than #e years1 or both4 ,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 disorder1 physical illness1 or physical injury1 including a life-endangering physical condition caused by or arising from the pregnancy itself1 but not including psychological or emotional conditions4 7b7 ,exceptions ,subsection 7a7 shall not apply if-- 7#a7 in reasonable medical judgment1 the abortion is necessary to save the life of a pregnant woman 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 itself1 but not including psychological or emotional conditions2 7#b7 the pregnancy is the result of rape against an adult woman1 and at least #dh hours prior to the abortion-- 7,a7 she has obtained counseling for the rape2 or 7,b7 she has obtained medical treatment for the rape or an injury related to the rape2 or 7#c7 the pregnancy is a result of rape against a minor or incest against a minor1 and the rape or incest has been reported at any time prior to the abortion to either-- 7,a7 a government agency legally authorized to act on reports of child abuse2 or 7,b7 a law enforcement agency4 7c7 ,documentation requirements 7#a7 ,documentation pertaining to adults ,a physician who performs or attempts to perform an abortion under an exception provided by subsection 7b77#b7 shall1 prior to performing the abortion1 place in the patient medical file documentation from a hospital licensed by the ,state or operated under authority of a ,federal agency1 a medical clinic licensed by the ,state or operated under authority of a ,federal agency1 from a personal physician licensed by the ,state1 a counselor licensed by the ,state1 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 rape4 7#b7 ,documentation pertaining to minors ,a physician who performs or attempts to perform an abortion under an exception provided by subsection 7b77#c7 shall1 prior to performing the abortion1 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 abortion2 or1 as an alternative1 documentation from a law enforcement agency that the rape or incest was reported prior to the abortion4 7d7 ,requirement for data retention ,paragraph 7j77#b7 of section #afd4ecj of title #de1 ,code of ,federal ,regulations1 shall apply to documentation required to be placed in a patient's medical file pursuant to paragraph 7#f7 of such section and a consent form required to be retained in a patient's medical file pursuant to paragraph 7#g7 of such section in the same manner and to the same extent as such paragraph applies to documentation required by paragraph 7j77#a7 of such section4 7e7 ,additional exceptions and requirements 7#a7 ,exclusion of certain facilities ,notwithstanding the definitions set forth in subsection 7j71 the counseling described in subsection 7b77#b77;,a7 and subsection 7c77#a7 or medical treatment may not be provided by a facility that performs abortions 7unless that facility is a hospital74 7#b7 ,rule of construction in cases of reports to law enforcement ,the requirements of subsection 7b77#b7 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 personnel4 7f7 ,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 disorder1 physical illness1 or physical injury1 including a life-endangering physical condition caused by or arising from the pregnancy itself1 but not including psychological or emotional conditions4 ,the findings on that issue are admissible on that issue at the trial of the defendant4 ,upon a motion of the defendant1 the court shall delay the beginning of the trial for not more than #cj days to permit such a hearing to take place4 7g7 ,no liability for the mother on whom abortion is performed ,a mother upon whom an 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 7h7 ,requirement for data retention ,the physician shall include in the medical file of the mother documentation of the determination1 according to standard medical practice1 of whether the unborn child has a detectable heartbeat1 the results of that determination1 notification of the mother of those results1 and any information entered into evidence in any proceedings under subsection 7b74 ,paragraph 7j77#b7 of section #afd4ecj of title #de1 ,code of ,federal ,regulations1 shall apply to such documentation4 7i7 ,severability ,if any provision of this section or the application of such provision to any person or circumstance is held to be invalid1 the remainder of this section and the application of the provisions of the remainder to any person or circumstance shall not be affected thereby4 7j7 ,definitions ,in this section3 7#a7 ,the term counseling means counseling provided by a counselor licensed by the ,state1 or a victims rights advocate provided by a law enforcement agency4 7#b7 ,the term medical treatment means treatment provided at a hospital licensed by the ,state or operated under authority of a ,federal agency1 at a medical clinic licensed by the ,state or operated under authority of a ,federal agency1 or from a personal physician licensed by the ,state4 7#c7 ,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#d7 ,the term attempt1 with respect to an abortion1 means conduct that1 under the circumstances as the actor believes them to be1 constitutes a substantial step in a course of conduct planned to culminate in performing an abortion4 7#e7 ,the term facility means any medical or counseling group1 center or clinic and includes the entire legal entity1 including any entity that controls1 is controlled by1 or is under common control with such facility4 7#f7 ,the term perform1 with respect to an abortion1 includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion4 7#g7 ,the term physician means a person licensed to practice medicine and surgery or osteopathic medicine and surgery1 or otherwise legally authorized to perform an abortion4 7#h7 ,the term reasonable medical judgment means a medical judgment that would be made by a reasonably prudent physician1 knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved4 7#i7 ,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 7#aj7 ,the term woman means a female human being whether or not she has reached the age of majority4 7k7 ,rules of construction 7#a7 ,greater protections ,nothing in this section may be construed to pre-empt or limit any ,federal1 ,state1 or local law that provides greater protections for an unborn child than those provided in this section4 7#b7 ,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 section4 2 and 7#c7 in the table of sections1 by inserting after the item pertaining to section #ahda the following3 #aecb4 ,abortions prohibited without a check for fetal heartbeat1 or if a fetal heartbeat is detectable4 4 7b7 ,clerical amendment ,the table of chapters for part ,i of title #ah1 ,united ,states ,code1 is amended1 in the item relating to chapter #gd1 to read as follows3 #gd4;,abortions#aeca 4