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Culture & Conversation Abortion
This law was last updated on Jan 12, 2018
This law is Anti–Choice
S 2026
Failed to Pass
Apr 18, 2016
Primary Sponsors: 2
Co-sponsors: 1
Total Sponsors: 3
S 2026 would prohibit performing or inducing an abortion unless the physician first makes a determination of the probable gestational age of the fetus or has reasonably relied on a determination made by another physician.
The bill would ban abortions at 20 weeks post-fertilization unless, in the physician’s reasonable medical judgment, an abortion is necessary to save the life of a pregnant women 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 a psychological or emotional condition.
The bill includes an exception for rape if the rape is reported to law enforcement. The bill also includes an exception for incest against a minor, if the incest is reported to law enforcement or Division of Child Protection and Permanency in the Department of Children and Families.
The bill also states that an abortion performed after 20 weeks must be performed in a manner that provides the best opportunity for the “unborn child” to survive, unless in the physician’s reasonable medical judgment, termination of 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.
Born-Alive Requirements
If, in reasonable medical judgment, the pain-capable “unborn child” has the potential to survive outside the womb, the physician who performs or attempts an abortion would need to ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the following requirements:
Informed Consent Requirements
A physician intending or attempting to perform an abortion would need to first obtain a signed informed consent authorization from the pregnant patient. The form should consist of:
Reporting Requirements
Any physician who performs or attempts an abortion pursuant would need to annually submit a summary of all such abortions to the National Center for Health Statistics no later than 60 days after the end of the calendar year in which the abortion was performed or attempted. The summary would need to include the number of abortions performed or attempted on an “unborn child” who had a post-fertilization age of 20 weeks or more and specify the following for each abortion:
The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.
The bill states that it is modeled on H.R. 36 of the 114th Congress, and is intended to address the concern that a fetus is capable of experiencing pain by 20 weeks after fertilization, if not earlier.
Penalty
A person who performs or attempts to perform an abortion in violation of this provision is guilty of a crime in the third degree.
STATUS
Companion bill to A 3452.
Similar to A 4509, which failed to pass in 2015.
Primary Sponsor
Co-sponsor