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Bill115th CongressFiled Jan 3, 2017Crime and Law Enforcement
H.R. 36

Pain-Capable Unborn Child Protection Act

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary passed house without amendment (Oct 3, 2017)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Pain-Capable Unborn Child Protection Act

(Sec. 3) This bill amends the federal criminal code to make it a crime for any person to perform or attempt to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more.

A violator is subject to criminal penalties—a fine, up to five years in prison, or both.

The bill provides exceptions for an abortion: (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements.

A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates the provisions of this bill.

What just happenedOct 4, 2017

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Who’s behind it

Rep. Franks, Trent [R-AZ-8](R-AZ)Sponsor
182 cosponsors2 D180 R
Read on Congress.gov
182cosponsors2committees18actions3related bills14subjects
  1. Oct 4, 2017IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  2. Oct 3, 2017FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Oct 3, 2017FloorH37100

    On passage Passed by recorded vote: 237 - 189 (Roll no. 549). (text: CR H7713-7715)

  4. Oct 3, 2017Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 237 - 189 (Roll no. 549).(text: CR H7713-7715)

  5. Oct 3, 2017FloorH36110

    On motion to recommit with instructions Failed by the Yeas and Nays: 187 - 238 (Roll no. 548).

  6. Oct 3, 2017FloorH8A000

    The previous question on the motion to recommit with instructions was ordered without objection.

  7. Oct 3, 2017FloorH8D000

    Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Brownley (CA) motion to recommit with instructions. The instructions contained in the motion to seek the require the bill to be reported back to the House with an amendment to add the word health throughout section 3 pertaining to the Pain-Capable Unborn Child Protection.

  8. Oct 3, 2017FloorH36100

    Ms. Brownley (CA) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H7725)

    Judiciary Committee
  9. Oct 3, 2017FloorH35000

    The previous question was ordered pursuant to the rule.

  10. Oct 3, 2017FloorH8D000

    DEBATE - The House proceeded with one hour of debate on H.R. 36.

  11. Oct 3, 2017FloorH8D000

    Rule provides for consideration of H.R. 36 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.

  12. Oct 3, 2017FloorH30000

    Considered under the provisions of rule H. Res. 548. (consideration: CR H7712-7728)

  13. Oct 3, 2017FloorH1L220

    Rule H. Res. 548 passed House.

  14. Oct 2, 2017FloorH1L210

    Rules Committee Resolution H. Res. 548 Reported to House. Rule provides for consideration of H.R. 36 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.

  15. Jan 12, 2017Committee

    Referred to the Subcommittee on the Constitution and Civil Justice.

    Constitution and Limited Government Subcommittee
  16. Jan 3, 2017IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  17. Jan 3, 2017IntroReferralIntro-H

    Introduced in House

  18. Jan 3, 2017IntroReferral1000

    Introduced in House

Passed House without amendmentOct 3, 201781

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Pain-Capable Unborn Child Protection Act

(Sec. 3) This bill amends the federal criminal code to make it a crime for any person to perform or attempt to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more.

A violator is subject to criminal penalties—a fine, up to five years in prison, or both.

The bill provides exceptions for an abortion: (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements.

A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates the provisions of this bill.

Introduced in HouseJan 3, 2017

Pain-Capable Unborn Child Protection Act

This bill amends the federal criminal code to make it a crime for any person to perform or attempt to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more.

A violator is subject to criminal penalties—a fine, up to five years in prison, or both.

The bill provides exceptions for an abortion: (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements.

A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

Pain-Capable Unborn Child Protection Act — Informed