HB 3541 Prenatal Nondiscrimination Act (PRENDA) of 2012

About HB-3541

Prenatal Nondiscrimination Act (PRENDA) of 2012 -

Section 3

Imposes criminal penalties on anyone who knowingly or knowingly attempts to:

• (1) perform an abortion knowing that the abortion is sought based on the sex, gender, color or race of the child, or the race of a parent;
• (2) use force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion;
• (3) solicit or accept funds for the performance of such an abortion; or
• (4) transport a woman into the United States or across a state line for the purpose of obtaining such an abortion

Requires such violations or attempted violations to result in fines under the federal criminal code, imprisonment for up to five years, or both. Authorizes civil actions, for verifiable money damages for injuries and punitive damages, by:

• (1) fathers, or maternal grandparents if the mother is an unemancipated minor, of unborn children who are the subject of an abortion performed or attempted through any of the above violations; and
• (2) women upon whom an abortion has been performed with a knowing or attempted use of force or threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion

Authorizes, to prevent an abortion provider from performing or attempting further abortions in violation of this Act, injunctive relief to be obtained by the women upon whom such an abortion is performed or attempted, spouses or parents of a woman upon whom such an abortion is performed, or the Attorney General (DOJ). Deems a violation of this Act to be prohibited discrimination under title VI (Federally Assisted Programs) of the Civil Rights Act of 1964. (Violators of title VI lose federal funding.) Requires a medical or mental health professional to report known or suspected violations to law enforcement authorities. Imposes criminal penalties for a failure to so report. Directs federal courts to expedite the disposition of any matter brought under this Act. Prohibits a woman having such an abortion from being prosecuted or held civilly liable. Directs courts to:

• (1) make such orders as necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure; and
• (2) include with any such order specific written findings explaining why the anonymity of the woman must be preserved from public disclosure, how the order is essential and narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists

Requires, in the absence of such a woman's written consent, that any party, other than a public official, who brings an action under this Act do so under a pseudonym. Defines "abortion" as the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child, unless the act is intended to:

• (1) save the life or preserve the health of the unborn child,
• (2) remove a dead unborn child caused by spontaneous abortion, or
• (3) remove an ectopic pregnancy

Section 4

Declares that, if any portion or application of this Act is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.