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North Carolina ‘Unborn Child Protection from Dismemberment Abortion Act’ (HB 54)

This law was last updated on May 3, 2019


This law is Anti–Choice Model Bill

State

North Carolina

Number

HB 54

Status

Proposed

Proposed

Feb 12, 2019

Sponsors

Co-sponsors: 42
Primary Sponsors: 4
Total Sponsors: 46

Topics

Dilation and Evacuation Bans

Full Bill Text

www.ncleg.gov

HB 54 would prohibit a physician from performing a “dismemberment abortion,” or attempting to perform such an abortion unless it’s necessary to prevent serious health risk to the life of the pregnant patient.

The bill defines “dismemberment abortion” to mean:

With the intent to cause the death of an unborn child, to dismember a living unborn child and extract that child in pieces from the uterus through use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp, or a combination of these, a portion of the unborn child’s body to cut or rip it off. The term does not include an abortion that uses suction to dismember the body of the unborn child by sucking fetal parts into a collection container. The term includes an abortion in which a dismemberment abortion is 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.

The pregnant patient and anyone acting under the direction of a physician would not be held liable.


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.)


Related Legislation

Based on model legislation designed by the National Right to Life Committee.

Companion bill to SB 51.

Similar to SB 425, which failed to pass in 2017.


Latest Action

2/12/19 – Introduced.


People

Organizations