Minnesota ‘Pain-Capable Unborn Child Protection Act’ (SF 1609)

SF 1609 would prohibit performing or inducing an abortion unless the physician first makes a determination of the probable post-fertilization age of the fetus, except in cases of a medical emergency.

The bill would ban abortions at 20 weeks post-fertilization unless, in the physician’s reasonable medical judgment, an abortion is necessary to avert the pregnant person’s death or a serious risk of substantial and irreversible physical impairment of a major bodily function, other than a psychological condition.

Any abortion performed after 20 weeks would need to be performed in a manner that provides the best opportunity for the fetus to survive, unless terminating the pregnancy in that manner would pose a greater risk of death or substantial and irreversible physical impairment of a major bodily function than would another method.

The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.

A person who performs​ or induces or attempts to perform or induce an abortion in violation would be guilty of a felony.

Reporting Requirements

The bill amend current law regarding abortion reporting to require physicians to include the following additional information:

• whether a determination of the probable post-fertilization age was made, and if so, the age;
  • the method used to make the determination; or
  • if no determination was made, the basis of the determination that a medical emergency existed; and
• for abortions performed after 20 weeks, the basis of the determination that it was necessary to avert the pregnant patient’s death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function.

Litigation Defense Fund

The bill would establish the Pain-Capable Unborn Child Protection Act litigation account in order to pay for expenses incurred by the state attorney general in defending the law. The fund would include appropriations made to the account by the legislature as well as donations and gifts to the account.

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Related Legislation

Companion bill to HF 1312.

Similar to HF 2927/SF 2841, which failed to pass in 2014.

Based on model legislation drafted by the National Right to Life Committee.

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Latest Action

2/21/19 – Introduced; referred to Health and Human Services Finance and Policy Committee.

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People

Organizations

• National Right to Life Committee — Drafted Model Law