S. 4880

119 S4880 IS: Dismemberment Abortion Ban Act of 2026
 U.S. Senate
 2026-06-24
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 II  119th CONGRESS  2d Session  S. 4880  IN THE SENATE OF THE UNITED STATES   June 24, 2026   Mr. Rounds  (for himself,  Mrs. Hyde-Smith ,  Mr. Budd ,  Mr. Risch ,  Mr. Daines ,  Mr. Banks ,  Mr. Lankford ,  Mr. Cramer ,  Mr. Marshall ,  Mr. Hawley , and  Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    A BILL
To amend title 18, United States Code, to prohibit dismemberment abortions, and for other purposes.
1.
Short title
This Act may be cited as the   Dismemberment Abortion Ban Act of 2026  .
2.
Dismemberment abortion ban
(a)
In general
 Chapter 74  of title 18, United States Code, is amended by inserting after  section 1531  the following:
1532.
Dismemberment abortion ban
(a)
Dismemberment abortion prohibited
(1)
In general
Any physician who, in or affecting interstate or foreign commerce, knowingly performs a dismemberment abortion and thereby kills an unborn child shall be fined under this title or imprisoned not more than 2 years, or both.
(2)
Exception
Paragraph (1) shall not apply to a dismemberment abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
(b)
Rule of construction
Nothing in this section shall be construed to limit abortions performed for any reason, including when the pregnancy is a result of rape or incest, if performed by a method other than dismemberment abortion.
(c)
Civil remedies
(1)
Civil action by a woman on whom an abortion is performed
A woman upon whom an abortion has been performed in violation of subsection (a) may, in a civil action against any person who committed the violation, obtain appropriate relief.
(2)
Civil action by a parent of a minor on whom an abortion is performed
A parent of a minor upon whom an abortion has been performed in violation of subsection (a) may, in a civil action against any person who committed the violation, obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct.
(3)
Appropriate relief
Appropriate relief in a civil action under this subsection includes—
(A)
objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation;
(B)
statutory damages equal to 3 times the cost of the abortion; and
(C)
punitive damages.
(4)
Attorney's fees for plaintiff
The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection.
(5)
Attorney's fees for defendant
If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff.
(6)
Awards against woman
Except as provided in paragraph (5), in a civil action under this subsection, no damages, attorney’s fee, or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted.
(d)
Immunity from prosecution for woman upon whom a dismemberment abortion is performed
A woman upon whom a dismemberment abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section.
(e)
Definitions
In this section:
(1)
Abortion
The term  abortion  means the use or prescription of any instrument, medicine, drug, or any other substance or device—
(A)
to intentionally kill the unborn child of a woman known to be pregnant; or
(B)
to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—
(i)
after viability, to produce a live birth and preserve the life and health of the child born alive; or
(ii)
to remove a dead unborn child.
(2)
Dismemberment abortion
(A)
In general
The term  dismemberment abortion  means, with the purpose of causing the death of an unborn child, knowingly dismembering an unborn child and extracting the unborn child one piece at a time or intact but crushed from the uterus through the use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of 2 rigid levers, slice, crush, or grasp a portion of the unborn child’s body in order to cut or rip it off or crush it.
(B)
Exclusions
The term  dismemberment abortion  does not include—
(i)
an abortion that uses suction to dismember the body of the unborn child by sucking fetal parts into a collection container unless the actions described in subparagraph (A) are used to cause the death of an unborn child and suction is subsequently used to extract fetal parts after the death of the unborn child; or
(ii)
a procedure to remove a deceased unborn child—
(I)
whose death was the result of a miscarriage or a medical emergency; or
(II)
who otherwise died not as the result of intervening action by a physician to cause such death in preparation for performing the actions described in subparagraph (A).
(3)
Minor
The term  minor  means an individual who has not attained the age of 18 years.
(4)
Physician
(A)
In general
The term  physician  means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions.
(B)
Liability of non-physicians
Notwithstanding subparagraph (A), any individual who is not a physician or not otherwise legally authorized by the State to perform abortions but nevertheless directly performs an abortion prohibited under this section shall be subject to this section in the same manner as a physician.
(5)
Unborn child
The term  unborn child  means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1.
 .
(b)
Clerical amendment
The table of sections at the beginning of  chapter 74  of title 18, United States Code, is amended by adding at the end the following:
1532. Dismemberment abortion ban.
  .
(c)
Chapter heading amendments
(1)
Chapter heading in chapter
The chapter heading for  chapter 74  of title 18, United States Code, is amended by striking
Partial-birth abortions   and inserting
Abortions  .
(2)
Table of chapters for part I
The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking
Partial-birth abortions   and inserting
Abortions  .