Bill > A5304

Introduced Session

This bill, designated as the "Pain-Capable Unborn Child Protection Act," provides that an abortion is not to be performed or attempted if the probable post-fertilization age of the unborn child is 20 weeks or greater, with certain exceptions noted below. It is to be unlawful for a person to perform an abortion or attempt to do so, unless the person is a physician who has first made a determination of the probable post-fertilization age of the unborn child or has reasonably relied upon this determination made by another physician. In making the determination, a physician is to make inquiries of the pregnant woman and perform any medical examinations or tests necessary to accurately determine post-fertilization age. The bill provides an exception to the above provisions if: (1) the abortion is necessary to save the life of a pregnant women whose life is endangered by a physical disorder, illness, or injury, including a life-endangering physical condition caused by, or arising from, the pregnancy itself; (2) the pregnancy is the result of rape, if reported to a law enforcement agency prior to the abortion; or (3) the pregnancy is the result of rape or incest against a minor, if reported to a law enforcement agency or to the Division of Child Protection and Permanency (DCPP) in the Department of Children and Families prior to the abortion. In terminating or attempting to terminate a pregnancy under these circumstances, the physician may do so only in a manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless the termination of the pregnancy in that manner would pose a greater risk of death of the pregnant woman or substantial and irreversible physical impairment of a major bodily function. The bill also: outlines the procedures that a physician who performs or attempts an abortion must follow, consistent with the federal "Born Alive Infant Protection Act", if an exception provided in the bill exists and the pain-capable unborn child survives the abortion or attempted abortion; outlines the documentation from a law enforcement agency, Department of Defense victim assistance personnel, or DCCP, that a physician is required to file proving a pregnant woman or minor seeking an abortion has been raped or is a victim of incest; requires the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a witness to sign an informed consent authorization form; and requires any physician who performs or attempts an abortion pursuant to the bill to annually submit a summary of all such abortions to the National Center for Health Statistics as provided by the conditions outlined in the bill. A person who performs or attempts to perform an abortion in violation of the bill's requirements is to be guilty of a crime of the third degree (punishable by three to five years imprisonment or a fine of up to $15,000, or both); however, a woman upon whom an abortion is to be performed is to be immune from civil or criminal liability. A woman or the parent of a minor upon whom an abortion is performed in violation of the provisions of the the bill may, in a civil action against any person who committed the violation, obtain appropriate relief the conditions delineated in the bill. The bill, which is modeled on H.R.36 of the 114th Congress, is intended to address the concern that an unborn child is capable of experiencing pain by 20 weeks after fertilization, if not earlier. Surgeons in the field of maternal and fetal medicine have found it necessary to sedate an unborn child to prevent the unborn child from engaging in vigorous movement in reaction to invasive surgery. It is the purpose of this Legislature to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates they are capable of feeling pain.

Committee Categories

John DiMaio (R)*,  Parker Space (R)*,  Bob Auth (R),  Chris DePhillips (R),  Sean Kean (R),  Kevin Rooney (R),  Jay Webber (R),  Harold Wirths (R), 

Introduced, Referred to Assembly Judiciary Committee (on 03/16/2023)

Official Document