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Sens. Rick Scott, Lindsey Graham re-introduce 'Pain-Capable Unborn Child Protection Act' to Congress

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Posted at 4:51 PM, Jan 27, 2021
and last updated 2021-01-28 12:17:28-05

TALLAHASSEE, Fla. (WTXL) — Senator Rick Scott joined Senator Lindsey Graham and colleagues in reintroducing the 'Pain-Capable Unborn Child Protection Act' on Wednesday. The Act would provide protections for unborn children at 20 weeks after fertilization.

“In the United States, we believe in the sanctity of life and the value that each child brings into this world," said Scott. "Although not yet born, these babies are capable of feeling pain, and we must work to protect their lives just the same. I hope all my colleagues join me in protecting life and pass this legislation quickly.”

“I am proud to once again introduce the Pain-Capable Unborn Child Protection Act,” Graham said. “There are only seven countries that allow wholesale abortions at the 20-week period, including China and North Korea. The United States should not be in that club.”

Graham has introduced the Pain-Capable legislation the last four Congresses.

Summary of Provisions:

  • The Pain-Capable Unborn Child Protection Act would make it illegal for any person to perform, or attempt to perform, an abortion without first making a determination of the probable post-fertilization age of the unborn child.
  • If the post-fertilization age of the unborn child is determined to be 20 weeks or greater, an abortion shall not be performed, unless –
    • It is necessary to save the life of the pregnant woman;
    • The pregnancy is a result of rape and the woman has received medical treatment or counseling at least 48 hours prior to the abortion; or if she chooses to do so, has made a report to law enforcement; or
    • The pregnancy is a result of rape or incest against a minor and the abuse is reported to either social services or law enforcement.
  • In the case of the exceptions –
    • the abortion may only proceed in a manner that provides the best opportunity for the unborn child to survive unless that would pose a greater risk of death or serious bodily injury to the pregnant woman; and
    • the abortion provider must receive informed consent from the pregnant woman, certifying that she has been provided the child’s gestational age, a description of the law, and her rights under the law.
  • A woman on whom an abortion was performed in violation of this Act may bring a civil action against the abortion provider in court to recover damages.
  • Abortion doctors are required to submit annual data to the National Center for Health and Statistics providing statistical information about abortions carried out after 20 weeks post-fertilization age.
  • The criminal punishment for a violation of this Act is imprisonment of up to five years, fines, or both.
  • The Act makes clear that a woman who receives an illegal abortion in violation of this act may not be prosecuted.