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.
| Action Date | Type | Text | Source |
|---|---|---|---|
| 2015-09-22 | Floor | Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S6868) | Senate |
| 2015-09-22 | Vote | Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 54 - 42. Record Vote Number: 268. (consideration: CR S6864; text: CR S6864) | Senate |
| 2015-09-22 | Floor | Motion to proceed to measure considered in Senate. (consideration: CR S6860-6864, S6868) | Senate |
| 2015-09-21 | Floor | Motion to proceed to measure considered in Senate. (consideration: CR S6822-6847) | Senate |
| 2015-09-17 | Floor | Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S6798; text: CR S6798) | Senate |
| 2015-09-17 | Floor | Motion to proceed to consideration of measure made in Senate. (consideration: CR S6798) | Senate |
| 2015-09-16 | Calendars | Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 230. | Senate |
| 2015-09-15 | Calendars | Read the first time. Placed on Senate Legislative Calendar under Read the First Time. | Senate |
| 2015-05-14 | IntroReferral | Received in the Senate. | Senate |
| 2015-05-13 | Vote | On passage Passed by recorded vote: 242 - 184, 1 Present (Roll no. 223). (text: CR H2924-2926) | House floor actions |
| 2015-05-13 | Floor | Motion to reconsider laid on the table Agreed to without objection. | House floor actions |
| 2015-05-13 | Vote | On motion to recommit with instructions Failed by the Yeas and Nays: 181 - 246 (Roll no. 222). (consideration: CR H2937-2938) | House floor actions |
| 2015-05-13 | Floor | The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2937) | House floor actions |
| 2015-05-13 | Floor | Floor summary: DEBATE - The House proceeded with ten minutes of debate on the Brownley (CA) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to stipulate that the underlying bill would protect both the health and life of the mother. | House floor actions |
| 2015-05-13 | Floor | Ms. Brownley (CA) moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H2936; text: CR H2936) | House floor actions |
| 2015-05-13 | Floor | The previous question was ordered pursuant to the rule. (consideration: CR H2936) | House floor actions |
| 2015-05-13 | Floor | DEBATE - The House proceeded with one hour of debate on H.R. 36. | House floor actions |
| 2015-05-13 | Floor | Providing for consideration of H.R. 1735, H.R. 36, and H.R. 2048 | House floor actions |
| 2015-05-13 | Floor | Considered under the provisions of rule H. Res. 255. (consideration: CR H2923-2939) | House floor actions |
| 2015-05-12 | Floor | Rules Committee Resolution H. Res. 255 Reported to House. Providing for consideration of H.R. 1735, H.R. 36, and H.R. 2048 | House floor actions |
| 2015-01-22 | Committee | Referred to the Subcommittee on the Constitution and Civil Justice. | House committee actions |
| 2015-01-21 | Floor | Rule H. Res. 38 passed House. | House floor actions |
| 2015-01-20 | Floor | Rules Committee Resolution H. Res. 38 Reported to House. The rule provides for one hour of debate on each measure. The resolution waives all points of order against consideration of the bills. The resolution provides that the bills shall be considered as read. The resolution waives all points of order against provisions in the bills. The resolution provides one motion to recommit per bill. | House floor actions |
| 2015-01-06 | IntroReferral | Referred to the House Committee on the Judiciary. | House floor actions |
| 2015-01-06 | IntroReferral | Introduced in House | Library of Congress |