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New Jersey ‘Protection of Fetuses from Dismemberment Abortion Act’ (A 2828)

This law was last updated on Feb 13, 2019

This law is Anti–Choice


New Jersey


A 2828


Failed to Pass


Feb 1, 2018


Primary Sponsors: 1
Total Sponsors: 1


Dilation and Evacuation Bans

Full Bill Text

A 2828 would prohibit a person from performing, or attempting to perform, a “dismemberment abortion” unless a medical emergency exists as follows: (1) such an abortion is necessary to preserve the life of the pregnant person; or (2) a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant person.

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

The bill provides that no pregnant person 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.)

Related Legislation

Identical to A 1700 (2016) and A 4471 (2015), both of which failed to pass.


Primary Sponsor