,,ii #aaith ,,congress #b;d ,session ,s4 #dhhj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjbf,mr4 ,rounds 7for himself1 ,mrs4 ,hyde-,smith1 ,mr4 ,budd1 ,mr4 ,risch1 ,mr4 ,daines1 ,mr4 ,banks1 ,mr4 ,lankford1 ,mr4 ,cramer1 ,mr4 ,marshall1 ,mr4 ,hawley1 and ,mrs4 ,blackburn7 introduced the following bill2 which was read twice and 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 ,dismemberment ,abortion ,ban ,act of #bjbf4 #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 7#a7 ,in general ,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 7#b7 ,exception ,paragraph 7#a7 shall 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 subsection 7a7 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 subsection 7a7 may1 in a civil action against any person who committed the violation1 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 #c times the cost of the abortion2 and 7,c7 punitive damages4 7#d7 ,attorney's 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 ,attorney's 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 as provided in paragraph 7#e71 in a civil action under this subsection1 no damages1 attorney's fee1 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 section3 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 viability1 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 7,a7 ,in general ,the term dismemberment abortion means1 with the purpose of causing the death of an unborn child1 knowingly dismembering an unborn child and extracting the unborn child one piece at a time or intact but crushed from the uterus through the use of clamps1 grasping forceps1 tongs1 scissors1 or similar instruments that1 through the convergence of #b rigid levers1 slice1 crush1 or grasp a portion of the unborn child's body in order to cut or rip it off or crush it4 7,b7 ,exclusions ,the term dismemberment abortion does not include-- 7i7 an abortion that 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 and suction is subsequently used to extract fetal parts after the death of the unborn child2 or 7ii7 a procedure to remove a deceased unborn child-- 7,i7 whose death was the result of a miscarriage or a medical emergency2 or 7,,ii7 who otherwise died not as the result of intervening action by a physician to cause such death in preparation for performing the actions described in subparagraph 7,a74 7#c7 ,minor ,the term minor means an individual who has not attained the age of #ah years4 7#d7 ,physician 7,a7 ,in general ,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 abortions4 7,b7 ,liability of non-physicians ,notwithstanding subparagraph 7,a71 any individual who is not a physician or not otherwise legally authorized by the ,state to perform abortions but nevertheless directly performs an abortion prohibited under this section shall be subject to this section in the same manner as a physician4 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 following3 #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