Protecting Individuals with Down Syndrome Act

Protection of Dignity for Individuals with Disabilities: The bill finds that the United States has a policy to respect the lives and dignity of people with disabilities, including those with Down syndrome (Section 2).

Civil Remedies for Victims: Qualified plaintiffs, including the woman or certain relatives, may bring civil actions to obtain relief, including money damages for physical or psychological injuries and punitive damages (Section 3(c) and 3(d)).

Legal Protections for Women: The act specifies that a woman upon whom an abortion is performed cannot be prosecuted or held civilly liable for any violation of this section (Section 3(e)).

Privacy Protections: The bill includes provisions to protect the anonymity of a woman in court proceedings through the use of court orders to seal records or the use of pseudonyms (Section 3(i)).

Criminal Penalties for Individuals: Persons who violate the prohibition on performing an abortion based on Down syndrome can face fines and imprisonment for up to 5 years (Section 3(b) and 3(c)).

Mandatory Reporting Burdens for Medical Professionals: Physicians, nurses, and other medical or mental health professionals are required to report known or suspected violations to law enforcement, with a penalty of up to 1 year in prison for failing to do so (Section 3(g)).

Civil Litigation Risks: The bill allows for civil actions that include "objectively verifiable money damages" for things like loss of companionship and support, as well as punitive damages (Section 3(d)(3)).