Florida ‘Dismemberment Abortion’ Ban (HB 1429)

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.

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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.)

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Related Legislation

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

Companion bill to SB 1890.

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STATUS

Passed the house on March 1, 2018, by a 72-42 vote.

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People

Organizations

• National Right to Life Committee — Drafted Model Law