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Key Votes

HR 36 - Pain-Capable Unborn Child Protection Act - Key Vote

National Key Votes

Gary Palmer voted Yea (Passage) on this Legislation.

Read statements Gary Palmer made in this general time period.

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Family

Issues

Stage Details

Legislation - Cloture Not Invoked (Senate) (54-42) - (Key vote)

Title: Pain-Capable Unborn Child Protection Act

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote on a motion to invoke cloture on a bill that prohibits a physician from performing an abortion on a woman after 20 weeks of pregnancy, except in certain cases of medical emergency, rape, or incest.

Highlights:
  • Prohibits a physician from performing an abortion if the probable post-fertilization age of the fetus is 20 weeks or more (Sec. 3).
  • Exempts the following cases from the prohibition on abortions after 20 weeks of pregnancy (Sec. 3):
    • The abortion is necessary to save the life of the pregnant woman from a physical illness, injury, disorder, or condition;
    • The abortion is for a pregnancy that is the result of rape against an adult who has obtained counseling or medical treatment for the rape at least 48 hours prior to the abortion; or
    • The abortion is for a pregnancy that is the result of rape or incest against a minor and the incident was reported to an appropriate government or law enforcement agency prior to the abortion.
  • Requires a physician to determine the probable post-fertilization age of a fetus or use a determination made by another physician before performing an abortion (Sec. 3).
  • Requires a physician who performs an authorized abortion after 20 weeks of pregnancy to do so in the manner which provides the best opportunity for the fetus to survive, unless this poses a greater risk of death or major physical impairment to the pregnant woman (Sec. 3).
  • Requires a physician who performs an authorized abortion after 20 weeks of pregnancy to ensure that another physician, trained in neonatal resuscitation, is present at the abortion and prepared to provide care to the fetus, if the fetus has the potential to survive outside the womb according to “reasonable medical judgement,” unless this poses a greater risk of death or major physical impairment of the pregnant woman (Sec. 3).
  • Specifies that if a child is born during the course of an abortion, any health care practitioner present is required to provide the same level of care provided to a child born at the same fetal age in the course of a natural birth, and that afterward the child is required to be immediately transported and admitted to a hospital, unless this poses a greater risk of death or major physical impairment of the pregnant woman (Sec. 3).
  • Requires a physician performing an abortion to obtain a signed informed consent form from the pregnant woman that contains information including, but not limited to, the following statements (Sec. 3):
    • A statement of the probable post-fertilization age of the fetus;
    • A statement that federal law allows abortion after 20 weeks of pregnancy only if the mother’s life is endangered, the pregnancy was a result of rape, or was the result of incest against a minor; and
    • A statement that the pregnant woman may take civil action against the physician if the above requirements are not followed.
  • Specifies that a violation of the provisions of this bill is punishable by a fine, up to 5 years in prison, or both (Sec. 3).
  • Prohibits a woman upon whom an abortion is performed from being prosecuted for violating or conspiring to violate the provisions of this bill (Sec. 3).
  • Authorizes a woman who receives an abortion that violates the provisions of this bill to take civil legal action against the physician who performed the abortion (Sec. 3).
  • Requires a physician who performs or attempts an abortion after 20 weeks of pregnancy to submit an annual summary of such abortions to the National Center for Health Statistics that provides the following information (Sec. 3):
    • The probable post-fertilization age of the fetus;
    • The method used to carry out the abortion;
    • The location where the abortion was performed;
    • The exception under which the abortion was conducted; and
    • Any incident of live birth resulting from the abortion.

 

Note:

NOTE: THIS IS A VOTE TO INVOKE CLOTURE ON A MOTION TO PROCEED, WHICH SENDS THE LEGISLATION TO THE FLOOR OF THE SENATE FOR DEBATE AND AMENDMENT. A MOTION TO PROCEED ALONE REQUIRES A MAJORITY FOR APPROVAL. HOWEVER, THE MOTION CAN BE FILIBUSTERED, AND WHEN THIS OCCURS, A CLOTURE VOTE IS NECESSARY TO VOTE ON THE MOTION TO PROCEED. A THREE-FIFTHS MAJORITY OF THE SENATE IS NECESSARY TO INVOKE CLOTURE.

Legislation - Bill Passed (House) (242-184) - (Key vote)

Title: Pain-Capable Unborn Child Protection Act

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that prohibits a physician from performing an abortion on a woman after 20 weeks of pregnancy, except in certain cases of a medical emergency, rape, or incest.

Highlights:
  • Prohibits a physician from performing an abortion if the probable post-fertilization age of the fetus is 20 weeks or more (Sec. 3).
  • Exempts the following cases from the prohibition on abortions after 20 weeks of pregnancy (Sec. 3):
    • The abortion is necessary to save the life of the pregnant woman from a physical illness, injury, disorder, or condition;
    • The abortion is for a pregnancy that is the result of rape against an adult who has obtained counseling or medical treatment for the rape at least 48 hours prior to the abortion; or
    • The abortion is for a pregnancy that is the result of rape or incest against a minor and the incident was reported to an appropriate government or law enforcement agency prior to the abortion.
  • Requires a physician to determine the probable post-fertilization age of a fetus or use a determination made by another physician before performing an abortion (Sec. 3).
  • Requires a physician who performs an authorized abortion after 20 weeks of pregnancy to do so in the manner which provides the best opportunity for the fetus to survive, unless this poses a greater risk of death or major physical impairment to the pregnant woman (Sec. 3).
  • Requires a physician who performs an authorized abortion after 20 weeks of pregnancy to ensure that another physician, trained in neonatal resuscitation, is present at the abortion and prepared to provide care to the fetus, if the fetus has the potential to survive outside the womb according to “reasonable medical judgement,” unless this poses a greater risk of death or major physical impairment of the pregnant woman (Sec. 3).
  • Specifies that if a child is born during the course of an abortion, any health care practitioner present is required to provide the same level of care provided to a child born at the same fetal age in the course of a natural birth, and that afterward the child is required to be immediately transported and admitted to a hospital, unless this poses a greater risk of death or major physical impairment of the pregnant woman (Sec. 3).
  • Requires a physician performing an abortion to obtain a signed informed consent form from the pregnant woman that contains information including, but not limited to, the following statements (Sec. 3):
    • A statement of the probable post-fertilization age of the fetus;
    • A statement that federal law allows abortion after 20 weeks of pregnancy only if the mother’s life is endangered, the pregnancy was a result of rape, or was the result of incest against a minor; and
    • A statement that the pregnant woman may take civil action against the physician if the above requirements are not followed.
  • Specifies that a violation of the provisions of this bill is punishable by a fine, up to 5 years in prison, or both (Sec. 3).
  • Prohibits a woman upon whom an abortion is performed from being prosecuted for violating or conspiring to violate the provisions of this bill (Sec. 3).
  • Authorizes a woman who receives an abortion that violates the provisions of this bill to take civil legal action against the physician who performed the abortion (Sec. 3).
  • Requires a physician who performs or attempts an abortion after 20 weeks of pregnancy to submit an annual summary of such abortions to the National Center for Health Statistics that provides the following information (Sec. 3):
    • The probable post-fertilization age of the fetus;
    • The method used to carry out the abortion;
    • The location where the abortion was performed;
    • The exception under which the abortion was conducted; and
    • Any incident of live birth resulting from the abortion.

 

Legislation - Introduced (House) -

Title: Pain-Capable Unborn Child Protection Act

Sponsors

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