H.R. 1192House115th Congress (2017-2019)In Committee

Dismemberment Abortion Ban Act of 2017

Introduced February 16, 2017

AI-Generated Summary

Updated April 15, 2026 at 1:00 PM UTC

The Dismemberment Abortion Ban Act of 2017 adds a new federal crime that makes it illegal for any physician or authorized abortion provider to knowingly perform a dismemberment abortion that kills an unborn child. The law allows up to two years in prison and fines, but includes an exception when the procedure is necessary to save the mother’s life. It also creates civil‑law remedies for women or parents of minors who receive such abortions and gives the woman undergoing the procedure immunity from prosecution.

Key Provisions

  • Prohibits physicians (or anyone authorized to perform abortions) from knowingly performing a dismemberment abortion that kills an unborn child, with penalties of up to two years imprisonment and/or fines
  • Provides a life‑saving exception: the ban does not apply if the procedure is needed to protect the mother’s life due to a physical disorder, illness, or injury
  • Allows women or parents of minors to sue for damages, including monetary, statutory (three times the abortion cost), and punitive damages, and to recover attorney’s fees
  • Grants immunity to the woman on whom a dismemberment abortion is performed from criminal prosecution related to the ban
  • Defines key terms such as “abortion,” “dismemberment abortion,” “physician,” “minor,” and “unborn child,” and updates Title 18 headings to replace “Partial‑birth abortions” with “Abortions

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

March 16, 2017

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HouseIntro Referral

Introduced in House

February 16, 2017

HouseIntro Referral

Referred to the House Committee on the Judiciary.

February 16, 2017

HouseCommittee

Referred to the Subcommittee on the Constitution and Civil Justice.

March 16, 2017

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

March 16, 2017

Floor Debate

4 members

What members said about H.R. 1192 on the floor

3 Republicans1 Democrat
Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Jan 9, 2017

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 309) to amend the Public Health Service Act to foster more effective implementation and coordination of clinical care for people with…

Gene Green
Rep. Gene GreenD-TX-29 · Jan 9, 2017

Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 309, sponsored by my Texas neighbor, Congressman Pete Olson, and our other colleague on the Energy and Commerce…

Pete Olson
Rep. Pete OlsonR-TX-22 · Jan 9, 2017

Mr. Speaker, I thank the gentleman from Denton, Texas (Mr. Burgess) for yielding me time to speak about my bill, H.R. 309, the National Clinical Care Commission Act, a bipartisan bill that received…

Earl L. "Buddy" Carter
Rep. Earl L. "Buddy" CarterR-GA-1 · Jan 9, 2017

Mr. Speaker, I rise today in support of H.R. 1192, the National Diabetes Clinical Care Commission Act, which establishes within the Department of Health and Human Services the national diabetes…

Bill Text

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Introduced in HouseIssued February 16, 2017

I

115th CONGRESS

1st Session

H. R. 1192

IN THE HOUSE OF REPRESENTATIVES

February 16, 2017

Mr. Smith of New Jersey (for himself, Mr. Franks of Arizona, Ms. Foxx, Mrs. Hartzler, Mr. Jones, Mrs. Wagner, Mr. Stewart, Mr. Aderholt, Mr. Hill, Mr. Farenthold, Mr. Yoder, Mr. Wilson of South Carolina, Mr. Babin, Mr. Wenstrup, Mr. Bridenstine, Mr. Luetkemeyer, Mr. Palazzo, Mr. Mooney of West Virginia, Mr. Yoho, Mr. Banks of Indiana, Mr. Marshall, Mr. Russell, Mr. Olson, Mr. Webster of Florida, Mr. Huizenga, Mr. Pittenger, and Mr. Johnson of Ohio) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to prohibit dismemberment abortions, and for other purposes.

1.

Short title

This Act may be cited as the Dismemberment Abortion Ban Act of 2017.

2.

Dismemberment abortion ban

(a)

In general

Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following:

1532.

Dismemberment abortion ban

(a)

Dismemberment abortion prohibited

Any physician who, in or affecting interstate or foreign commerce, knowingly performs a dismemberment abortion and thereby kills an unborn child shall be fined under this title or imprisoned not more than 2 years, or both. 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 disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

(b)

Rule of construction

Nothing in this section shall be construed to limit abortions performed for any reason, including when the pregnancy is a result of rape or incest, if performed by a method other than dismemberment abortion.

(c)

Civil remedies

(1)

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 may, in a civil action against any person who committed the violation, obtain appropriate relief.

(2)

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 may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct.

(3)

Appropriate relief

Appropriate relief in a civil action under this subsection includes—

(A)

objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation;

(B)

statutory damages equal to three times the cost of the abortion; and

(C)

punitive damages.

(4)

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 subsection.

(5)

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 frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff.

(6)

Awards against woman

Except under paragraph (5), in a civil action under this subsection, no damages, attorney’s fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted.

(d)

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 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.

(e)

Definitions

In this section—

(1)

Abortion

The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device—

(A)

to intentionally kill the unborn child of a woman known to be pregnant; or

(B)

to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—

(i)

after viability to produce a live birth and preserve the life and health of the child born alive; or

(ii)

to remove a dead unborn child.

(2)

Dismemberment abortion

The term dismemberment abortion—

(A)

means, with the purpose of causing the death of an unborn child, 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 clamps, grasping forceps, tongs, scissors or similar instruments that, through the convergence of two rigid levers, slice, crush or grasp a portion of the unborn child’s body in order to cut or rip it off or crush it; but

(B)

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 (A) 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 child.

(3)

Minor

The term minor means an individual who has not attained the age of 18 years.

(4)

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 activity, or any other individual legally authorized by the State to perform abortions: Provided, however, That any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs an abortion prohibited in this section shall be subject to the provisions of this section.

(5)

Unborn child

The term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new item:

1532. Dismemberment abortion ban.

.

(c)

Chapter heading amendments

(1)

Chapter heading in chapter

The chapter heading for chapter 74 of title 18, United States Code, is amended by striking Partial-birth abortions and inserting Abortions.

(2)

Table of chapters for part i

The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking Partial-birth abortions and inserting Abortions.