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H.R. 1797

Pain-Capable Unborn Child Protection Act

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.

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Rep. Franks, Trent [R-AZ-8](R-AZ)Sponsor
184 cosponsors4 D180 R
184cosponsors3committees29actions3related bills14subjects
  • Referred in SenateJun 19, 2013
  • Engrossed in HouseJun 18, 2013
  • Reported in HouseJun 14, 2013
  • Introduced in HouseApr 26, 2013
  1. IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

  2. FloorH38800

    The title of the measure was amended. Agreed to without objection.

  3. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  4. FloorH37100

    On passage Passed by the Yeas and Nays: 228 - 196 (Roll no. 251). (text: CR H3730-3731)

  5. Floor8000

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 228 - 196 (Roll no. 251).(text: CR H3730-3731)

  6. FloorH30000

    Considered as unfinished business. (consideration: CR H3743-3744)

  7. FloorH8D000

    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.

  8. FloorH35000

    The previous question was ordered pursuant to the rule. (consideration: CR H3743)

  9. FloorH8D000

    DEBATE - The House proceeded with one hour of debate on H.R. 1797.

  10. FloorH8D000

    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.

  11. FloorH30000

    Considered under the provisions of rule H. Res. 266. (consideration: CR H3730-3743)

  12. FloorH1L210

    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.

  13. CalendarsH12410

    Placed on the Union Calendar, Calendar No. 77.

  14. DischargeH12300

    Committee on Oversight and Government discharged.

  15. Committee5500

    Committee on Oversight and Government discharged.

  16. CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 113-109, Part I.

  17. Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 113-109, Part I.

  18. Committee

    Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 12.

  19. Committee

    Committee Consideration and Mark-up Session Held.

  20. Committee

    Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 6 - 4 .

  21. Committee

    Subcommittee Consideration and Mark-up Session Held.

  22. Committee

    Subcommittee on Crime, Terrorism, Homeland Security, and Investigations Discharged.

  23. Committee

    Referred to the Subcommittee on the Constitution and Civil Justice.

  24. Committee

    Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

  25. Committee

    Subcommittee Hearings Held.

  26. IntroReferralH11100

    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.

  27. IntroReferralH11100

    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.

  28. IntroReferralIntro-H

    Introduced in House

  29. IntroReferral1000

    Introduced in House

Jun 18, 201336

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.

Jun 14, 201318

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.

Apr 26, 2013

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.

Pain-Capable Unborn Child Protection Act — Informed