Heartbeat Protection Act of 2023
This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the unborn child has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a unborn child has a detectable heartbeat.
A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both.
The bill provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. It also provides exceptions for certain pregnancies that are the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements.
A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.