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Pain-Capable Unborn Child Protection Act of 2017 (H.R. 36)
This law was last updated on Sep 16, 2019
This law is Anti–Choice Model Bill
Number
H.R. 36
Status
Failed to Pass
Proposed
Jan 3, 2017
Sponsors
Co-sponsors: 182
Primary Sponsors: 1
Total Sponsors: 183
Full Bill Text
H.R. 36 would ban abortion at 20 weeks or more in all 50 states.
The bill provides exceptions for an abortion that is necessary to save the life of the pregnant patient, or when the pregnancy is the result of rape or incest.
A physician would be required to determine the “probable post-fertilization age” of a fetus prior to performing, or attempting to perform, an abortion.
The bill 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 termination of the pregnancy in that manner would pose a greater risk of death of the pregnant patient or the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions of the pregnant patient than another available method.
A second physician trained in neonatal resuscitation would be required to be present and prepared to provide care.
An individual who performs, or attempts to perform, an abortion in violation of the provisions of this bill would be subject to a fine, a prison term of up to five years, or both. Individuals upon whom an abortion is performed would be exempted from prosecution.
The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.
Medical Exception
Abortion would be permitted if, in reasonable medical judgment, it is necessary to save the life of a pregnant patient whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition arising from the pregnancy, not including psychological or emotional conditions.
Rape/Incest Exception
The bill would permit abortion if the pregnancy is the result of rape against an adult individual and at least 48 hours prior to the abortion, they received counseling or medical treatment for the rape. The counseling cannot take place at an abortion clinic.
The amendment would also permit abortion if the pregnancy is the result of rape or incest against a minor and the rape or incest has been reported to law enforcement or a government agency legally authorized to act on reports of child abuse.
The exception does not apply to adult victims of incest.
Informed Consent
The bill would amend informed consent requirements to include the following information:
- the probable post-fertilization age of the fetus;
- a statement that federal law allows abortion after 20 weeks only in the case of a medical emergency, or if the pregnancy was a result of rape or incest;
- a statement that the abortion must be performed by the method most likely to allow the child to be born alive, unless it would cause significant risk to the patient;
- a statement that in any case in which an abortion results in a child born alive, federal law requires medical assistance, including transportation and admittance to a hospital;
- a statement regarding criminal and civil penalties; and
- affirmation that each signer understands the above information.
The informed consent form would need to be signed in person, by the pregnant individual, the physician performing or attempting to perform the abortion, and a witness.
Reporting Requirements
Any physician who performs or attempts such an abortion, would be required to annually submit a summary of all such abortions to the National Center for Health Statistics. The summary would include the number of abortions performed or attempted on a fetus who had a post-fertilization age of 20 weeks or more and specify the following for each abortion:
- the probable post-fertilization age of the fetus;
- the method used to carry out the abortion;
- the location where the abortion was conducted;
- the exception under which the abortion was conducted; and
- any incident of live birth resulting from the abortion.
Related Legislation
Based on model legislation drafted by the National Right to Life Committee.
Identical to S. 1922 and S. 2311.
Similar to H.R. 36/S. 1553, both of which failed to pass during the 2015-2016 legislative session.
Similar to H.R. 1797/S. 1670, both of which failed to pass during the 2013-2014 legislative session.
STATUS
Passed the House on October 3, 2017, by a 237-189 vote.
People
Co-sponsor
- Ralph Abraham
- Earl Carter
- Rick Allen
- Eric Alan "Rick" Crawford
- Jody Hice
- Jeff Duncan
- Blake Farenthold
- Tom Graves
- Pete Olson
- Robert Wittman
- Patrick Tiberi
- Blaine Luetkemeyer
- Gary Palmer
- Markwayne Mullin
- Keith Rothfus
- Trent Kelly
- Mia Love
- Luke Messer
- Warren Davidson
- Peter Roskam
- Gus Bilirakis
- Morgan Griffith
- Paul Gosar
- David Rouzer
- Robert Pittenger
- Brad Wenstrup
- Steve King
- Bob Gibbs
- John Shimkus
- Jim Banks
- Bradley Byrne
- John Moolenaar
- Jim Bridenstine
- David Joyce
- Bill Flores
- Ted Poe
- Tim Walberg
- Alexander Mooney
- Todd Rokita
- Kevin Cramer
- Chris Stewart
- French Hill
- Tom Emmer
- Brian Babin
- Michael Turner
- Ted Yoho
- Jim Ratcliffe
- Duncan Hunter
- Roger Marshall
- Garland Barr
- Paul Mitchell
- Bill Shuster
- Thomas Massie
- Adrian Smith
- Drew Ferguson
- Don Bacon
- Charles Fleischmann
- Jody Arrington
- Daniel Webster
- Mark Walker
- Rod Blum
- Randy Weber
- Mark Meadows
- Jack Bergman
- Richard Hudson
- Liz Cheney
- Ken Buck
- Mike Bishop
- Rodney Davis
- David Kustoff
- Trey Hollingsworth
- Ted Budd
- John Culberson
- Glenn Thompson
- Neal Dunn
- Kristi Noem
- Jeb Hensarling
- Mo Brooks
- Roger Williams
- Tom Marino
- Rob Woodall
- Jaime Herrera Beutler
- Darin LaHood
- Scott Perry
- Francis Rooney
- Clay Higgins
- Stevan Pearce
- James Renacci
- Gregg Harper
- George Holding
- Steve Stivers
- Karen Handel
- Ron Estes
- John Duncan
- Dave Brat
- Michael McCaul
- Michael Burgess
- Thomas J. Rooney
- Paul Cook
- David Young
- Tom McClintock
- Michael Simpson
- John Rutherford
- Joe Barton
- Doug LaMalfa
- Scott DesJarlais
- Frank Lucas
- Chris Collins
- Andy Biggs
- Lee Zeldin
- Tom Rice
- Mike Johnson
- Claudia Tenney
- Pete Sessions
- Patrick McHenry
- Jackie Walorski
- Ann Wagner
- Virginia Foxx
- Christopher H. Smith
- Mike Bost
- Raul Labrador
- Evan H. Jenkins
- Thomas A. Garrett
- Jason Smith
- Ralph W. Norman
- Glenn Grothman
- Lloyd K. Smucker
- Louie Gohmert
- Doug Lamborn
- Lamar Smith
- Mike Kelly
- Bill Huizenga
- Kenny Marchant
- Walter B. Jones
- Robert Aderholt
- Andy Harris
- Larry Bucshon
- Steve Scalise
- Justin Amash
- Jim Jordan
- Tim Murphy
- David P. Roe
- Martha Roby
- Vicky Hartzler
- Daniel Lipinski
- Randy Hultgren
- David B. McKinley
- David Schweikert
- Jeff Fortenberry
- Trey Gowdy
- Austin Scott
- Harold Rogers
- Dennis A. Ross
- Bill Johnson
- Sam Graves
- Steve Chabot
- Robert E. Latta
- Sean P. Duffy
- Lynn Jenkins
- Marsha Blackburn
- Diane Black
- Brett Guthrie
- Bob Goodlatte
- Lou Barletta
- Sam Johnson
- Kevin Yoder
- Joe Wilson
- Steven M. Palazzo
- K. Michael Conaway
- John R. Carter
- Collin C. Peterson
- Rob Bishop
- Steve Womack
- Billy Long
- Tom Cole
- Kevin Brady
- Mike J. Rogers
- Matt Gaetz
- Barry Loudermilk
- Doug Collins
- Bruce Westerman
- Steve Russell
Primary Sponsor
Organizations
- National Right to Life Committee — Drafted Model Law
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