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Protecting Individuals with Down Syndrome Act

USA119th CongressS-205| Senate 
| Updated: 1/23/2025
Steve Daines

Steve Daines

Republican Senator

Montana

Cosponsors (13)
Katie Boyd Britt (Republican)Jim Banks (Republican)Cindy Hyde-Smith (Republican)James E. Risch (Republican)Roger F. Wicker (Republican)John Boozman (Republican)Tim Sheehy (Republican)Kevin Cramer (Republican)James Lankford (Republican)John Barrasso (Republican)Josh Hawley (Republican)Pete Ricketts (Republican)Ted Budd (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The "Protecting Individuals with Down Syndrome Act" seeks to amend title 18 of the United States Code by prohibiting abortions performed because an unborn child has been diagnosed with Down syndrome. Specifically, it makes it unlawful to perform an abortion with the knowledge that it is sought, in whole or in part, due to a Down syndrome diagnosis. Providers are also required to inquire about such diagnoses and inform the pregnant woman of the prohibition, or face legal consequences. The bill further prohibits using force to coerce such an abortion, soliciting funds for it, or knowingly transporting a woman across state lines for this purpose. Violations of these prohibitions carry significant criminal penalties , including fines and imprisonment for up to five years. The legislation also establishes various civil remedies , allowing the woman upon whom an abortion was performed (if coerced), the father of the unborn child, or maternal grandparents (if the woman is a minor) to bring civil actions. These actions can seek objectively verifiable money damages, including for psychological and physical injuries, punitive damages, and injunctive relief to prevent further violations. Crucially, a woman upon whom an abortion is performed in violation of this act cannot be prosecuted or held civilly liable. Additionally, the bill mandates that medical and mental health professionals report known or suspected violations to law enforcement, with a criminal penalty for failure to comply. It also stipulates that court proceedings related to this section must be expedited and includes provisions to protect the anonymity of the woman involved in such cases. The act clarifies that it does not create or recognize a right to abortion, nor does it preempt any federal, state, or local law that provides greater protections for an unborn child.
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Timeline

Bill from Previous Congress

S 117-75
Protecting Individuals with Down Syndrome Act

Bill from Previous Congress

S 118-18
Protecting Individuals with Down Syndrome Act
Jan 23, 2025
Introduced in Senate
Jan 23, 2025
Read twice and referred to the Committee on the Judiciary.
Mar 21, 2025

Latest Companion Bill Action

HR 119-2251
Introduced in House
  • Bill from Previous Congress

    S 117-75
    Protecting Individuals with Down Syndrome Act


  • Bill from Previous Congress

    S 118-18
    Protecting Individuals with Down Syndrome Act


  • January 23, 2025
    Introduced in Senate


  • January 23, 2025
    Read twice and referred to the Committee on the Judiciary.


  • March 21, 2025

    Latest Companion Bill Action

    HR 119-2251
    Introduced in House

Crime and Law Enforcement

Related Bills

  • HR 119-2251: Protecting Individuals with Down Syndrome Act
AbortionBirth defectsCivil actions and liabilityCriminal investigation, prosecution, interrogationDisability and health-based discriminationHealth information and medical recordsHealth personnelRight of privacy

Protecting Individuals with Down Syndrome Act

USA119th CongressS-205| Senate 
| Updated: 1/23/2025
The "Protecting Individuals with Down Syndrome Act" seeks to amend title 18 of the United States Code by prohibiting abortions performed because an unborn child has been diagnosed with Down syndrome. Specifically, it makes it unlawful to perform an abortion with the knowledge that it is sought, in whole or in part, due to a Down syndrome diagnosis. Providers are also required to inquire about such diagnoses and inform the pregnant woman of the prohibition, or face legal consequences. The bill further prohibits using force to coerce such an abortion, soliciting funds for it, or knowingly transporting a woman across state lines for this purpose. Violations of these prohibitions carry significant criminal penalties , including fines and imprisonment for up to five years. The legislation also establishes various civil remedies , allowing the woman upon whom an abortion was performed (if coerced), the father of the unborn child, or maternal grandparents (if the woman is a minor) to bring civil actions. These actions can seek objectively verifiable money damages, including for psychological and physical injuries, punitive damages, and injunctive relief to prevent further violations. Crucially, a woman upon whom an abortion is performed in violation of this act cannot be prosecuted or held civilly liable. Additionally, the bill mandates that medical and mental health professionals report known or suspected violations to law enforcement, with a criminal penalty for failure to comply. It also stipulates that court proceedings related to this section must be expedited and includes provisions to protect the anonymity of the woman involved in such cases. The act clarifies that it does not create or recognize a right to abortion, nor does it preempt any federal, state, or local law that provides greater protections for an unborn child.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 117-75
Protecting Individuals with Down Syndrome Act

Bill from Previous Congress

S 118-18
Protecting Individuals with Down Syndrome Act
Jan 23, 2025
Introduced in Senate
Jan 23, 2025
Read twice and referred to the Committee on the Judiciary.
Mar 21, 2025

Latest Companion Bill Action

HR 119-2251
Introduced in House
  • Bill from Previous Congress

    S 117-75
    Protecting Individuals with Down Syndrome Act


  • Bill from Previous Congress

    S 118-18
    Protecting Individuals with Down Syndrome Act


  • January 23, 2025
    Introduced in Senate


  • January 23, 2025
    Read twice and referred to the Committee on the Judiciary.


  • March 21, 2025

    Latest Companion Bill Action

    HR 119-2251
    Introduced in House
Steve Daines

Steve Daines

Republican Senator

Montana

Cosponsors (13)
Katie Boyd Britt (Republican)Jim Banks (Republican)Cindy Hyde-Smith (Republican)James E. Risch (Republican)Roger F. Wicker (Republican)John Boozman (Republican)Tim Sheehy (Republican)Kevin Cramer (Republican)James Lankford (Republican)John Barrasso (Republican)Josh Hawley (Republican)Pete Ricketts (Republican)Ted Budd (Republican)

Judiciary Committee

Crime and Law Enforcement

Related Bills

  • HR 119-2251: Protecting Individuals with Down Syndrome Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
AbortionBirth defectsCivil actions and liabilityCriminal investigation, prosecution, interrogationDisability and health-based discriminationHealth information and medical recordsHealth personnelRight of privacy