Dismemberment Abortion Ban Act of 2026
- Bill Number
- S. 4880
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Status
- Introduced
- Latest Action
- 2026-06-24: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-07-07T04:53:30Z
AI-Generated Summary
Purpose The legislation, titled the Dismemberment Abortion Ban Act of 2026, amends federal criminal law to prohibit a specific type of abortion procedure known as dismemberment abortion.
Key Provisions
- Prohibits any physician from knowingly performing a dismemberment abortion in or affecting interstate or foreign commerce, with penalties of a fine, imprisonment for up to 2 years, or both.
- Provides an exception when the procedure is necessary to save the life of the mother due to a physical disorder, illness, or injury.
- Includes a rule of construction stating that the ban does not restrict abortions performed by other methods, including in cases of rape or incest.
- Establishes civil remedies allowing the woman or the parent of a minor to sue for damages, including verifiable injury compensation, statutory damages equal to three times the abortion cost, and punitive damages.
- Grants immunity from prosecution to the woman upon whom the procedure is performed.
- Defines key terms, including abortion, dismemberment abortion (which involves dismembering the unborn child using clamps, forceps, or similar instruments), physician, and unborn child (beginning at fertilization).
- Excludes certain procedures, such as those using suction after fetal death or removal of a deceased unborn child from miscarriage or medical emergency.
Significant Changes to Existing Law
- Adds a new section 1532 to Chapter 74 of title 18, United States Code, expanding beyond the existing partial-birth abortion restrictions.
- Updates the chapter heading from "Partial-Birth Abortions" to "Abortions" and makes corresponding changes to the table of chapters.
Potential Impacts
- Creates federal criminal liability and civil causes of action for physicians and others performing the prohibited procedure.
- Affects access to certain abortion methods for citizens, while preserving other methods under the rule of construction.
- No direct provisions address government agencies or international relations.
Main Stakeholders Affected
- Physicians and other individuals authorized to perform abortions.
- Women upon whom abortions are performed.
- Parents of minors seeking abortions.
- Courts and legal systems handling related criminal and civil cases.
Notable Legal, Constitutional, or Political Implications
- Establishes new federal criminal and civil penalties tied to a specific medical procedure, with explicit references to interstate or foreign commerce.
- Includes protections against lawsuits for the woman involved and limits liability for frivolous claims against defendants.
- Operates alongside existing federal abortion-related statutes in title 18 without altering definitions of live birth or other related terms.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (10)
Sen. Hyde-Smith, Cindy [R-MS], Sen. Budd, Ted [R-NC], Sen. Risch, James E. [R-ID], Sen. Daines, Steve [R-MT], Sen. Banks, Jim [R-IN], Sen. Lankford, James [R-OK], Sen. Cramer, Kevin [R-ND], Sen. Marshall, Roger [R-KS], Sen. Hawley, Josh [R-MO], Sen. Blackburn, Marsha [R-TN]
Recent Actions
- 2026-06-24: Read twice and referred to the Committee on the Judiciary.
- 2026-06-24: Introduced in Senate
Bill Versions
- Dismemberment Abortion Ban Act of 2026 — issued 2026-06-24 — PDF (7 pages)