What does Preamble of S 205 do?

This bill, formally titled 'To amend title 18, United States Code, to prohibit discrimination by abortion against an unborn child on the basis of Down syndrome,' aims to amend existing United States Code. The bill seeks to prohibit discrimination by abortion against an unborn child based on Down syndrome.

What does SHORT TITLE. of S 205 do?

This Act is formally titled the Protecting Individuals with Down Syndrome Act.

What does FINDINGS. of S 205 do?

This section outlines findings related to the Dobbs v. Jackson Women's Health Organization decision, which overturned Roe v. Wade. It asserts that the Dobbs decision correctly affirmed there is no constitutional right to abortion. The section highlights existing federal laws protecting individuals with disabilities from discrimination in medical care. It affirms the policy of the United States to respect the lives and dignity of individuals with disabilities, including those with Down syndrome. The text states that federal, state, and local governments share a role in preventing disability-based discrimination. Congress finds it necessary to combat discrimination by prohibiting abortions based on a diagnosis of Down syndrome. The section notes that in some countries, nearly all unborn children diagnosed with Down syndrome are aborted. It emphasizes the inherent value and dignity of individuals with Down syndrome and their contributions to society.

What does DISCRIMINATION BY ABORTION AGAINST AN UNBORN CHILD ON THE BASIS of S 205 do?

This section amends Chapter 13 of Title 18, United States Code, to prohibit discrimination by abortion against an unborn child on the basis of Down syndrome. It defines key terms including 'abortion,' 'Down syndrome,' 'qualified plaintiff,' and 'unborn child' for the purposes of this section. It establishes that it is unlawful to perform an abortion knowing a woman is seeking it based on Down syndrome test results or diagnoses, unless certain conditions are met, such as informing the woman of the prohibitions. The law outlines criminal penalties for violations, including fines and imprisonment. It provides for civil actions by affected women, their relatives (under specific conditions), and the Attorney General, allowing for monetary and injunctive relief. A woman upon whom an abortion is performed may not be prosecuted or held civilly liable for violations. Physicians and other medical professionals are required to report suspected violations to law enforcement. The courts are directed to expedite the disposition of cases brought under this section. The section includes provisions to protect the privacy of women who have had abortions during court proceedings.

What does SEVERABILITY. of S 205 do?

This section establishes a severability clause. If a portion of the Act is deemed invalid, the remaining parts will still be effective. The invalidity of one part does not negate the entire Act or its application to other situations.

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Protecting Individuals with Down Syndrome Act — S. 205

Last updated: 1/23/2025 · Introduced: 1/23/2025

Author: Steve Daines (R-MT)

TL;DR (AI)

This bill prohibits abortions performed with the knowledge that the abortion is sought due to a diagnosis or test results indicating Down syndrome.
It establishes criminal and civil penalties for those who violate the prohibition, while protecting women from prosecution or liability.
The bill allows affected women, their relatives, and the Attorney General to bring civil actions for monetary and injunctive relief and mandates expedited court proceedings.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 3 more.

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