Florida ‘Dismemberment Abortion’ Ban (HB 1429)
This law was last updated on Mar 14, 2018
HB 1429 would prohibit a physician from knowingly performing a “dismemberment abortion” unless it is necessary to save the life of the pregnant person.
The bill defines “dismemberment abortion” to mean:
“[…]an abortion in which a person, with the purpose of causing the death of a fetus, dismembers the living fetus and extracts the fetus one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or a similar instrument that, through the convergence of two rigid levers, slices, crushes, or grasps, or performs any combination of those actions on, a piece of the fetus’ body to cut or rip the piece from the body.”
Any physician who violates this provision would be committing a felony of the third degree.
The bill would prohibit a pregnant person from being prosecuted under this provision.
This law targets a procedure known as dilation and evacuation (D and E), which is frequently used during second-trimester abortions. According to the American Congress of Obstetricians and Gynecologists, an abortion using suction aspiration can be performed up to 14 weeks’ gestation, but after 14 weeks the D and E procedure must be used to perform an abortion. As such, dilation and evacuation bans, depending upon their language, may ban all surgical abortion past 14 weeks’ gestation. (Source.)
Based on model legislation drafted by the National Right to Life Committee.
Companion bill to SB 1890.
Passed the house on March 1, 2018, by a 72-42 vote.
- National Right to Life Committee — Drafted Model Law