Pain-Capable Unborn Child Protection Act of 2013 (S 1670)

This bill bans abortion at 20 weeks or more “probable post-fertilization age” in all 50 states.

The bill requires a physician to determine the “probable post-fertilization age” of a fetus prior to performing, or attempting to perform, an abortion.

Abortion is permitted if, in reasonable medical judgment, it 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 arising from the pregnancy, not including psychological or emotional conditions.

Abortion is permitted if the pregnancy is the result of rape or incest against a minor, and the rape or incest has been reported to the appropriate law enforcement agency.

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 or serious physical injury, not including psychological or emotional conditions, to the pregnant woman than another available method.

Specifies that an individual who performs, or attempts to perform, an abortion in violation of the provisions of this bill will be subject to a fine, a prison term of up to two years, or both.

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

STATUS

In June 2013, the U.S. House of Representatives for the 113th Congress passed its version of the bill, HR 1797, but that bill died in the Democratically-controlled Senate.

Sen. Lindsey Graham (R-SC) has stated that he will reintroduce a version of this bill in the 114th congressional session where it may pass the Republican-controlled Senate. The House has already introduced HR 36 for the 114th congressional session.

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