Pain-Capable Unborn Child Protection Act

Bill: 113-hr-1797
Sponsor: Rep. Franks, Trent [R-AZ-8]
Introduced: 2013-04-26 in the House
Policy area: Crime and Law Enforcement
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
Medical tests and diagnostic methods
Right of privacy
Women's health

Summary:
action_date: 2013-04-26
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. 

action_date: 2013-06-14
text: 
Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion except in conformity with this Act's requirements. 
 
Requires the physician to first determine 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, except 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 that provides the best opportunity for the unborn child to survive, unless that manner would pose a greater risk than other available methods would pose of the death or substantial and irreversible physical impairment of a major bodily function, excluding psychological or emotional conditions, of the pregnant woman.
 
Subjects individuals who violate this Act to a fine, imprisonment for not more than five years, or both. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act for violating or conspiring to violate this Act.
 
Defines "abortion" to mean the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally kill an unborn child or to intentionally terminate a pregnancy with an intention other than: (1) after viability, to produce a live birth and preserve the life and health of the child; or (2) to remove a dead unborn child.

action_date: 2013-06-18
text: 
Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion except in conformity with this Act's requirements. 
 
Requires the physician to first determine 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, except: (1) 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 (2) where the pregnancy is the result of rape, or the result of incest against a minor, if the rape has been reported at any time prior to the abortion to an appropriate law enforcement agency, or if the incest has been reported at any time prior to the abortion to an appropriate law enforcement agency or to a government agency legally authorized to act on reports of child abuse or neglect. Permits a physician to terminate a pregnancy under such an exception only in the manner that provides the best opportunity for the unborn child to survive, unless that manner would pose a greater risk than other available methods would pose of the death or substantial and irreversible physical impairment of a major bodily function, excluding psychological or emotional conditions, of the pregnant woman.
 
Subjects individuals who violate this Act to a fine, imprisonment for not more than five years, or both. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act for violating or conspiring to violate this Act.
 
Defines "abortion" to mean the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally kill an unborn child or to intentionally terminate a pregnancy with an intention other than: (1) after viability, to produce a live birth and preserve the life and health of the child; or (2) to remove a dead unborn child.


Legislative actions:
action_date: 2013-06-19
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2013-06-18
text: The title of the measure was amended. Agreed to without objection.
action_date: 2013-06-18
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2013-06-18
text: On passage Passed by the Yeas and Nays: 228 - 196 (Roll no. 251). (text: CR H3730-3731)
action_date: 2013-06-18
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 228 - 196 (Roll no. 251).(text: CR H3730-3731)
action_date: 2013-06-18
text: Considered as unfinished business. (consideration: CR H3743-3744)
action_date: 2013-06-18
text: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 1797, the Chair put the question on passage and, by voice vote, announced that the ayes had prevailed. Ms. Ros-Lehtinen demanded the yeas and nays and the Chair postponed further proceedings on the question of passage until later in the legislative day.
action_date: 2013-06-18
text: The previous question was ordered pursuant to the rule. (consideration: CR H3743)
action_date: 2013-06-18
text: DEBATE - The House proceeded with one hour of debate on H.R. 1797.
action_date: 2013-06-18
text: The resolution provides for one hour of debate on H.R. 1947 and provides for consideration of H.R. 1797 with one hour of debate and one motion to recommit with or without instructions.
action_date: 2013-06-18
text: Considered under the provisions of rule H. Res. 266. (consideration: CR H3730-3743)
action_date: 2013-06-17
text: Rules Committee Resolution H. Res. 266 Reported to House. The resolution provides for one hour of debate on H.R. 1947 and provides for consideration of H.R. 1797 with one hour of debate and one motion to recommit with or without instructions.
action_date: 2013-06-14
text: Placed on the Union Calendar, Calendar No. 77.
action_date: 2013-06-14
text: Committee on Oversight and Government discharged.
action_date: 2013-06-14
text: Committee on Oversight and Government discharged.
action_date: 2013-06-14
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 113-109, Part I.
action_date: 2013-06-14
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 113-109, Part I.
action_date: 2013-06-12
text: Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 12.
action_date: 2013-06-12
text: Committee Consideration and Mark-up Session Held.
action_date: 2013-06-04
text: Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 6 - 4 .
action_date: 2013-06-04
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2013-06-03
text: Subcommittee on Crime, Terrorism, Homeland Security, and Investigations Discharged.
action_date: 2013-05-23
text: Referred to the Subcommittee on the Constitution and Civil Justice.
action_date: 2013-05-23
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
action_date: 2013-05-23
text: Subcommittee Hearings Held.
action_date: 2013-04-26
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: 2013-04-26
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: 2013-04-26
text: Introduced in House
action_date: 2013-04-26
text: Introduced in House