Bill > HB4004

This bill, titled the "Unborn Child Protection from Dismemberment Abortion Act," makes it illegal to perform or attempt to perform a "dismemberment abortion," which is defined as a procedure where a living unborn child is dismembered piece by piece from the uterus using instruments like clamps or forceps, with the intent to cause the child's death, unless it is necessary to prevent a serious health risk to the mother. A serious health risk is defined as a medical condition that necessitates the abortion to avert the mother's death or irreversible physical impairment, excluding psychological or emotional conditions. The bill outlines exceptions, stating that women upon whom such abortions are performed or attempted, as well as certain non-physician employees or individuals acting at a physician's direction, are not liable. It also clarifies that this act does not prohibit other abortion methods for any reason, including rape and incest. The bill provides for civil actions, allowing specific individuals like the woman, her spouse, parents, guardians, or the unborn child's father or maternal grandparents (under certain circumstances) to seek injunctions to prevent further dismemberment abortions or to sue for civil damages, which can include money for injuries and three times the cost of the abortion. It also mandates that courts preserve the anonymity of women undergoing or attempting to undergo abortions from public disclosure unless the woman consents to disclosure, and establishes criminal penalties, including a felony offense with fines and imprisonment, for violations. Importantly, the bill explicitly states it does not create or recognize a right to abortion or a right to a specific abortion method.