1. Short title This Act may be cited as the Heartbeat Protection Act of 2023 . 2. Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable (a) Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable Chapter 74 of title 18, United States Code, is amended— (1) in the chapter heading, by striking Partial-Birth ; (2) by inserting after section 1531 the following: 1532. Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable (a) Offense Any physician who knowingly performs an abortion and thereby kills a human unborn child— (1) without determining, according to standard medical practice, whether the unborn child has a detectable heartbeat; (2) without informing the mother of the results of that determination; or (3) after determining, according to standard medical practice, that the unborn child has a detectable heartbeat, shall be fined under this title or imprisoned not more than 5 years, or both. This subsection does not apply to an 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, but not including psychological or emotional conditions. (b) Exceptions Subsection (a) shall not apply if— (1) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman 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, but not including psychological or emotional conditions; (2) the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion— (A) she has obtained counseling for the rape; or (B) she has obtained medical treatment for the rape or an injury related to the rape