HB 3128 Summary

• Establishes the Prenatal Nondiscrimination Act of 2016, prohibiting physicians from intentionally performing or attempting to perform abortions solely because the unborn child has been diagnosed with Down syndrome or a genetic abnormality.

• Defines "genetic abnormality" broadly to include any inherited genetic defect, disease, or disorder, including physical disabilities, mental disabilities, dwarfism, albinism, and other physical or mental abnormalities.

• Makes violation a misdemeanor punishable by a fine of not less than $10,000, and allows for civil liability, license suspension or revocation, and injunctive relief with fines up to $50,000 for violations.

• Exempts pregnant women from criminal and civil liability for violations; allows women, their parents/guardians, spouses, healthcare providers, the Attorney General, and district attorneys to bring civil actions and seek damages.

• Becomes effective November 1, 2016; includes severability clause and permits state legislators who sponsored the act to intervene in constitutional challenges.