Signed by Governor Greg Gianforte

Vote Smart's Synopsis:

Vote to pass a bill that rescinds a woman's ability to have an abortion after 20 weeks of pregnancy.

Highlights:

• Specifies that for this act an unborn fetus shall be capable of feeling pain when a medical practitioner determines the probable gestational age is 20 weeks or more (Sec. 3).

• Prohibits a pregnant individual from getting an abortion procedure when the gestational age is 20 weeks and the unborn fetus is capable of feeling pain, unless it is necessary to prevent a serious health risk to the pregnant individual (Sec. 3).

• Establishes that an individual who knowingly performs or attempts to perform an abortion in violation of the aforementioned sections shall be guilty of a felony (Sec. 4).

• Authorizes the father or pregnant individual on whom the abortion has been performed or attempted to be performed in violation of the aforementioned sections to maintain an action against the individual who performed the abortion for actual and punitive damages (Sec. 5).

• Specifies that the following individuals may maintain an action against the individual who performed the abortion, including (Sec. 5):

• A pregnant individual, or if a minor, their parents or legal guardians;

• The spouse of the pregnant individual on whom the abortion was performed or attempted to performed;

• A prosecuting attorney with appropriate jurisdiction; or

• The attorney general.

Full Bill Text