New Jersey Protection of Fetuses from ‘Dismemberment Abortion’ (A 1700)

A 1700 would prohibit a person from performing, or attempting to perform, a “dismemberment abortion” unless a medical emergency exists as follows: (1) the “dismemberment abortion” is necessary to preserve the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman.

No medical emergency exists if it is based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function.

The bill provides that no woman nor anyone acting under the direction of a physician (nurse, technician, secretary, receptionist or other employee or agent) is liable for performing or attempting to perform a “dismemberment abortion.”

The bill provides for civil and criminal penalties.

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.)

STATUS

Identical to A 4471, which failed to pass in 2015.

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