Nebraska Dilation and Evacuation Ban Bill (LB 814)

LB 814 prohibits abortion through a medical procedure called dilation and evacuation, in which a physician dilated a pregnant person’s cervix and removes the fetus in pieces. Anti-abortion activists call this procedure “dismemberment abortion.”

Abortions conducted using a suction device or cases where the fetus is already dead do not fall under the definition of “dismemberment” under this bill.

This procedure will only be permitted in medical emergencies where dilation and evacuation is necessary.

The person on whom the dilation and evacuation procedure is being performed will not be found liable of violating this ban.

Causes of Action

A person accused of unlawful conduct under this bill may seek a hearing in front of the Board of Medicine and Surgery. Findings from that hearing will be admissible in a subsequent court action. A person on whom a dilation and evacuation procedure was performed, a patient who was under age 19 or the parent/guardian of that patient, or a prosecutor with proper jurisdiction can bring an an action seeking injunctive relief, preventing the physician or other medical professional from performing this procedure.

The patient upon whom the procedure is performed; the father of that fetus, if he or she is married at the time of the procedure; and the maternal grandparents of the fetus, can seek damages and reasonable attorneys fees. Damages can include money damages for all injuries, including psychological and physiological. Damages will not be awarded to a patient who became pregnant through criminal behavior.

The court will determine whether to keep the patient’s name anonymous on case-by-base basis.

Governor Pete Ricketts signed the bill into law on August 14, 2020.

Status of Legislation

1/8/20 – Introduced

1/10/20 – Referred to Committee

7/21/20 – Voted out of Senate Committee

8/13/20 – Passed

8/14/20 – Signed by Governor

Primary Co-Sponsor

Suzanne Geist

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