New Jersey ‘Protection of Fetuses from Dismemberment Abortion Act’ (A 2828)
This law was last updated on Feb 13, 2019
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.)