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Pain-Capable Unborn Child Protection Act of 2019 (S. 160)
This law was last updated on Sep 18, 2019
This law is Anti–Choice Model Bill
Number
S. 160
Status
Proposed
Proposed
Jan 16, 2019
Sponsors
Co-sponsors: 45
Primary Sponsors: 1
Total Sponsors: 46
Full Bill Text
S. 160 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 fetus 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 it is necessary to save the life of a pregnant person 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.
Companion bill to H.R. 784.
Identical to H.R. 36, S. 1922, and S. 2311, all of which failed to pass during the 2017-2018 legislative session.
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.
Latest Action
1/16/19 – Introduced; referred to the Committee on the Judiciary.
4/9/19 – Committee hearings held.
People
Co-sponsor
- Roger Wicker
- Tim Scott
- Mike Rounds
- David Perdue
- Mike Lee
- Ben Sasse
- Steve Daines
- John Cornyn
- Ted Cruz
- John Kennedy
- Mike Crapo
- Mitch McConnell
- Tom Cotton
- Richard Burr
- John Barrasso
- Johnny Isakson
- Ron Johnson
- Todd Young
- John Hoeven
- Pat Toomey
- Cindy Hyde-Smith
- Rick Scott
- Mitt Romney
- Josh Hawley
- Mike Braun
- Dan Scott Sullivan
- James M. Inhofe
- Thom Tillis
- Kevin Cramer
- James Risch
- John Boozman
- Mike Enzi
- Pat Roberts
- John Thune
- Marco Rubio
- Chuck Grassley
- Rob Portman
- Jerry Moran
- Roy Blunt
- Deb Fischer
- James Lankford
- Marsha Blackburn
- Bill Cassidy
- Joni Ernst
- Rand Paul
Primary Sponsor
Organizations
- National Right to Life Committee — Drafted Model Law
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