District of Columbia Pain-Capable Unborn Child Protection Act

Bill: 112-hr-3803
Sponsor: Rep. Franks, Trent [R-AZ-2]
Introduced: 2012-01-23 in the House
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Abortion
Civil actions and liability
Criminal investigation, prosecution, interrogation
District of Columbia
Federal preemption
Government information and archives
Health information and medical records
Health personnel
Judicial procedure and administration
Legal fees and court costs
Medical ethics
Right of privacy
Women's health

Summary:
action_date: 2012-01-23
text: 
District of Columbia Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion within the District of Columbia except in conformity with this Act's requirements. 
 
Requires the physician to first make a determination of the probable post-fertilization age of the unborn child, or reasonably rely upon such a determination made by another physician, by making inquiries of the pregnant woman and performing such medical examinations and tests as a reasonably prudent physician would consider necessary. 
 
Prohibits the abortion from being performed if the probable post-fertilization age of the unborn child is 20 weeks or greater. Makes an exception where necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury, excluding psychological or emotional conditions or any claim or diagnosis that the woman will engage in conduct intended to result in her death. Permits a physician to terminate a pregnancy under such exception only in the manner which provides the best opportunity for the unborn child to survive, unless termination of the pregnancy in that manner would pose a greater risk of the death or substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman than would other available methods.
 
Prescribes penalties for violations. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act, but authorizes such a woman or the father or maternal grandparent of the unborn child to obtain appropriate relief through a civil action. Provides for injunctive relief to prevent violations. Sets forth specified privacy protections in court proceedings for the woman upon whom an abortion has been performed. 
 
Requires any physician who performs an abortion within the District to report it to the Department of Health of the District of Columbia, which shall issue annual public reports. 

action_date: 2012-07-31
text: 
District of Columbia Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion within the District of Columbia except in conformity with this Act's requirements. 
 
Requires the physician to first make a determination of the probable post-fertilization age of the unborn child, or reasonably rely upon such a determination made by another physician, by making inquiries of the pregnant woman and performing such medical examinations and tests as a reasonably prudent physician would consider necessary. 
 
Prohibits the abortion from being performed if the probable post-fertilization age of the unborn child is 20 weeks or greater. Makes an exception where necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury, excluding psychological or emotional conditions. Permits a physician to terminate a pregnancy under such exception only in the manner which provides the best opportunity for the unborn child to survive, unless termination of the pregnancy in that manner would pose a greater risk of the death or substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman than would other available methods.
 
Prescribes penalties for violations. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act, but authorizes such a woman or the father or maternal grandparent of the unborn child to obtain appropriate relief through a civil action. Provides for injunctive relief to prevent violations. Sets forth specified privacy protections in court proceedings for the woman upon whom an abortion has been performed. 
 
Requires any physician who performs an abortion within the District to report it to the Department of Health of the District of Columbia, which shall issue annual public reports. 


Legislative actions:
action_date: 2012-07-31
text: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 220 - 154, 2 Present (Roll no. 539).
action_date: 2012-07-31
text: Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 220 - 154, 2 Present (Roll no. 539).
action_date: 2012-07-31
text: Considered as unfinished business. (consideration: CR H5450)
action_date: 2012-07-31
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2012-07-31
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3803.
action_date: 2012-07-31
text: Considered under suspension of the rules. (consideration: CR H5440-5448; text of measure as reported in House: CR H5440-5442)
action_date: 2012-07-31
text: Mr. Franks (AZ) moved to suspend the rules and pass the bill, as amended.
action_date: 2012-07-31
text: Placed on the Union Calendar, Calendar No. 461.
action_date: 2012-07-31
text: Committee on Oversight and Government discharged.
action_date: 2012-07-31
text: Committee on Oversight and Government discharged.
action_date: 2012-07-31
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-640, Part I.
action_date: 2012-07-31
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-640, Part I.
action_date: 2012-07-18
text: Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 14.
action_date: 2012-07-18
text: Subcommittee on the Constitution Discharged.
action_date: 2012-07-18
text: Committee Consideration and Mark-up Session Held.
action_date: 2012-07-16
text: Subcommittee on Crime, Terrorism, and Homeland Security Discharged.
action_date: 2012-05-17
text: Subcommittee Hearings Held.
action_date: 2012-01-25
text: Referred to the Subcommittee on the Constitution.
action_date: 2012-01-25
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2012-01-23
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2012-01-23
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2012-01-23
text: Introduced in House
action_date: 2012-01-23
text: Introduced in House