Heartbeat Protection Act of 2019 (H.R. 490)

H.R. 490 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.

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.

The bill does not provide for an exception in the case of rape or incest.

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

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. 3985.

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

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Latest Action

1/11/19 – Introduced; referred to the House Committee on the Judiciary.

1/25/19 – Referred to the Subcommittee on Health.

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People