text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Dismemberment Abortion Ban Act of 
  2015''.
  
  SEC. 2. DISMEMBERMENT ABORTION BAN.
  
      (a) In General.--Chapter 74 of title 18, United States Code, is 
  amended by inserting after section 1531 the following:
  ``Sec. 1532. Dismemberment abortion ban
      ``(a) Dismemberment Abortion Prohibited.--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. This 
  subsection does 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 any provision of this section 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 any provision of 
          this section 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 three times the 
                  cost of the abortion; and
                      ``(C) punitive damages.
              ``(4) Attorneys 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) Attorneys 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 under 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.--The term `dismemberment 
          abortion'--
                      ``(A) means, with the purpose of causing the death 
                  of an unborn child, knowingly dismembering a living 
                  unborn child and extracting such 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 
                  two 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; but
                      ``(B) does not include an abortion which 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 but suction is 
                  subsequently used to extract fetal parts after the 
                  death of the unborn child.
              ``(3) Minor.--The term `minor' means an individual who has 
          not attained the age of 18 years.
              ``(4) Physician.--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: Provided, however, That any 
          individual who is not a physician or not otherwise legally 
          authorized by the State to perform abortions, but who 
          nevertheless directly performs an abortion prohibited in this 
          section shall be subject to the provisions of this section.
              ``(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 new item:
  
  ``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''.
target: Dismemberment Abortion Ban Act of 2015  This bill amends the federal criminal code to prohibit a physician from knowingly performing a dismemberment abortion. It provides a definition of the term &quot;dismemberment abortion.&quot; A physician who performs a dismemberment abortion is subject to a criminal fine, up to two years in prison, or both, unless the dismemberment abortion was necessary to save the mother's life.  A woman or a parent of a minor who undergoes a dismemberment abortion may file a civil action for damages against an individual who violates this bill.  The legislation bars the criminal prosecution of a woman who undergoes a dismemberment abortion for conspiracy to violate the provisions of this bill, for being a principal or an accessory after the fact, or for concealment of felony.
feat_title: Dismemberment Abortion Ban Act of 2015