Every New Heart Deserves a Chance Act of 2019 (H.R. 3985)

H.R. 3985 would prohibit abortions without a check for a fetal heartbeat, or if a fetal heartbeat is detectable.

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A fetal heartbeat can be detected as early as six weeks of pregnancy—two weeks after a person’s first missed period—and well before many even realize that they are pregnant.

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The bill would make it a crime for a physician to knowingly perform an abortion:

• without determining whether the fetus has a detectable heartbeat;
• without informing the pregnant individual of the results; or
• after determining that a fetus has a detectable heartbeat.

A physician who performs a prohibited abortion would be subject to criminal penalties—a fine, up to five years in prison, or both.

Medical Exception

The bill provides for an exception if an abortion is necessary to save the life of the pregnant person whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition.

Rape and Incest Exceptions

The bill provides an exception for pregnancies that are the result of rape—but only if at least 48 hours prior to the abortion, the victim has obtained counseling for the rape or has obtained medical treatment for the rape or related injury.

The bill provides an exception for pregnancies that are the result of rape or incest against a minor—but only if the rape or incest has been reported at any time prior to the abortion to either a government agency legally authorized to act on reports of child abuse, or a law enforcement agency.

Reporting Requirements

The bill would require the physician to document the determination of whether the fetus has a detectable heartbeat.

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Related Legislation

Similar to H.R. 490.

Similar to H.R. 490, which failed to pass during the 2017-2018 legislative session.

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Latest Action

7/25/19 – Introduced; referred to the House Committee on the Judiciary.

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People