This bill — the Pain-Capable Unborn Child Protection Act — would ban abortions after 20 weeks of pregnancy. Abortions after 20 weeks would be allowed if the mother’s life is threatened by the pregnancy or if the pregnancy was the result of rape or incest. It would also require an abortion provider to be trained in neonatal resuscitation and to exercise the degree of care necessary to save the life of a child born alive after an attempted abortion, including admission to the hospital. Doctors who violate the bill's requirements would face a fine, up to five years in prison, or both.
A woman, or the parents of a minor, would be able to sue the provider for damages stemming from abortions provided in violation of this bill. No damages could be assessed against the woman upon whom the abortion was performed or attempted.
The bill includes findings that there is “substantial medical evidence that an unborn child is capable of experiencing pain at least 20 weeks after fertilization, if not earlier.” For instance, the bill notes that at 20 weeks, “the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling.”