Legis Daily

Pain-Capable Unborn Child Protection Act

USA115th CongressHR-36| House 
| Updated: 10/4/2017
Trent Franks

Trent Franks

Republican Representative

Arizona

Cosponsors (182)
Lamar Smith (Republican)Doug LaMalfa (Republican)David Schweikert (Republican)Chris Stewart (Republican)Paul A. Gosar (Republican)Michael C. Burgess (Republican)Karen C. Handel (Republican)Steve Chabot (Republican)Mia B. Love (Republican)Robert Pittenger (Republican)Bob Gibbs (Republican)Adrian Smith (Republican)David Kustoff (Republican)Mo Brooks (Republican)Clay Higgins (Republican)Tom Cole (Republican)Frank D. Lucas (Republican)Roger Marshall (Republican)Markwayne Mullin (Republican)Trent Kelly (Republican)John R. Carter (Republican)Eric A. "Rick" Crawford (Republican)Gregg Harper (Republican)Mark Meadows (Republican)Steven M. Palazzo (Republican)Pete Olson (Republican)Mike Johnson (Republican)Martha Roby (Republican)Randy Hultgren (Republican)Alexander X. Mooney (Republican)Brett Guthrie (Republican)Jim Banks (Republican)Andy Harris (Republican)Steve Stivers (Republican)Steve Womack (Republican)Lee M. Zeldin (Republican)Kristi L. Noem (Republican)Warren Davidson (Republican)Rick W. Allen (Republican)John Ratcliffe (Republican)Neal P. Dunn (Republican)Robert J. Wittman (Republican)Darin LaHood (Republican)John Abney Culberson (Republican)Kevin Brady (Republican)Glenn Thompson (Republican)Tim Murphy (Republican)Claudia Tenney (Republican)Brad R. Wenstrup (Republican)Marsha Blackburn (Republican)Jackie Walorski (Republican)Ken Buck (Republican)Paul Cook (Republican)Stevan Pearce (Republican)Lynn Jenkins (Republican)Tom McClintock (Republican)Pete Sessions (Republican)David Rouzer (Republican)Andy Biggs (Republican)Jeff Duncan (Republican)Doug Collins (Republican)David Young (Republican)Tim Walberg (Republican)Keith J. Rothfus (Republican)Earl L. "Buddy" Carter (Republican)Thomas A. Garrett (Republican)Billy Long (Republican)Collin C. Peterson (Democratic)Lou Barletta (Republican)Rob Bishop (Republican)Sam Johnson (Republican)Mike Bishop (Republican)Rod Blum (Republican)Todd Rokita (Republican)Thomas Massie (Republican)J. French Hill (Republican)Jim Jordan (Republican)Scott Perry (Republican)James B. Renacci (Republican)David B. McKinley (Republican)Jason Smith (Republican)Lloyd Smucker (Republican)Barry Loudermilk (Republican)Luke Messer (Republican)Ralph Lee Abraham (Republican)Kenny Marchant (Republican)Gus M. Bilirakis (Republican)Steve Scalise (Republican)Walter B. Jones (Republican)Paul Mitchell (Independent)A. Drew Ferguson (Republican)H. Morgan Griffith (Republican)Jody B. Hice (Republican)Bill Flores (Republican)Don Bacon (Republican)Andy Barr (Republican)Christopher H. Smith (Republican)David P. Joyce (Republican)Justin Amash (Libertarian)Jodey C. Arrington (Republican)Joe Wilson (Republican)Doug Lamborn (Republican)Steve King (Republican)Ted Poe (Republican)Liz Cheney (Republican)Steve Russell (Republican)Ann Wagner (Republican)Rodney Davis (Republican)Mike Kelly (Republican)Tom Rice (Republican)Peter J. Roskam (Republican)Mike D. Rogers (Republican)Richard Hudson (Republican)Roger Williams (Republican)Trey Gowdy (Republican)Bill Shuster (Republican)Chris Collins (Republican)Blake Farenthold (Republican)Glenn Grothman (Republican)Kevin Cramer (Republican)Patrick J. Tiberi (Republican)Ron Estes (Republican)John R. Moolenaar (Republican)Bruce Westerman (Republican)John H. Rutherford (Republican)Charles J. "Chuck" Fleischmann (Republican)Rob Woodall (Republican)Trey Hollingsworth (Republican)Austin Scott (Republican)Daniel Webster (Republican)Blaine Luetkemeyer (Republican)Jeb Hensarling (Republican)Daniel Lipinski (Democratic)Thomas J. Rooney (Republican)Larry Bucshon (Republican)Mark Walker (Republican)Michael T. McCaul (Republican)Tom Marino (Republican)Gary J. Palmer (Republican)Raul R. Labrador (Republican)Dave Brat (Republican)Sam Graves (Republican)Mike Bost (Republican)Scott DesJarlais (Republican)Michael K. Simpson (Republican)Diane Black (Republican)Michael R. Turner (Republican)Ted S. Yoho (Republican)Jeff Fortenberry (Republican)Dennis A. Ross (Republican)Bradley Byrne (Republican)Vicky Hartzler (Republican)Tom Emmer (Republican)Bill Huizenga (Republican)Matt Gaetz (Republican)Bob Goodlatte (Republican)Robert E. Latta (Republican)Joe Barton (Republican)Randy K. Sr. Weber (Republican)Virginia Foxx (Republican)Evan H. Jenkins (Republican)Tom Graves (Republican)Kevin Yoder (Republican)George Holding (Republican)Ralph Norman (Republican)Jim Bridenstine (Republican)Sean P. Duffy (Republican)Harold Rogers (Republican)K. Michael Conaway (Republican)Jack Bergman (Republican)John J. Duncan (Republican)Louie Gohmert (Republican)Ted Budd (Republican)Bill Johnson (Republican)Jaime Herrera Beutler (Republican)David P. Roe (Republican)Robert B. Aderholt (Republican)Brian Babin (Republican)Patrick T. McHenry (Republican)Duncan D. Hunter (Republican)Francis Rooney (Republican)John Shimkus (Republican)

Judiciary Committee, Judiciary Committee, Constitution and Limited Government Subcommittee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
(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.

Bill Text Versions

View Text
3 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jan 3, 2017
Introduced in House
Jan 3, 2017
Referred to the House Committee on the Judiciary.
Jan 12, 2017
Referred to the Subcommittee on the Constitution and Civil Justice.
Oct 2, 2017
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.
Oct 3, 2017
Rule H. Res. 548 passed House.
Oct 3, 2017
Considered under the provisions of rule H. Res. 548. (consideration: CR H7712-7728)
Oct 3, 2017
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.
Oct 3, 2017
DEBATE - The House proceeded with one hour of debate on H.R. 36.
Oct 3, 2017
The previous question was ordered pursuant to the rule.
Oct 3, 2017
Ms. Brownley (CA) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H7725)
Oct 3, 2017
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.
Oct 3, 2017
The previous question on the motion to recommit with instructions was ordered without objection.
Oct 3, 2017
On motion to recommit with instructions Failed by the Yeas and Nays: 187 - 238 (Roll no. 548).
View Vote
Oct 3, 2017
On passage Passed by recorded vote: 237 - 189 (Roll no. 549). (text: CR H7713-7715)
View Vote
Oct 3, 2017
Motion to reconsider laid on the table Agreed to without objection.
Oct 4, 2017
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  • January 3, 2017
    Introduced in House


  • January 3, 2017
    Referred to the House Committee on the Judiciary.


  • January 12, 2017
    Referred to the Subcommittee on the Constitution and Civil Justice.


  • October 2, 2017
    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.


  • October 3, 2017
    Rule H. Res. 548 passed House.


  • October 3, 2017
    Considered under the provisions of rule H. Res. 548. (consideration: CR H7712-7728)


  • October 3, 2017
    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.


  • October 3, 2017
    DEBATE - The House proceeded with one hour of debate on H.R. 36.


  • October 3, 2017
    The previous question was ordered pursuant to the rule.


  • October 3, 2017
    Ms. Brownley (CA) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H7725)


  • October 3, 2017
    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.


  • October 3, 2017
    The previous question on the motion to recommit with instructions was ordered without objection.


  • October 3, 2017
    On motion to recommit with instructions Failed by the Yeas and Nays: 187 - 238 (Roll no. 548).
    View Vote


  • October 3, 2017
    On passage Passed by recorded vote: 237 - 189 (Roll no. 549). (text: CR H7713-7715)
    View Vote


  • October 3, 2017
    Motion to reconsider laid on the table Agreed to without objection.


  • October 4, 2017
    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Crime and Law Enforcement

Related Bills

  • S 115-2311: A bill to amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes.
  • HRES 115-548: Providing for consideration of the bill (H.R. 36) to amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes.
  • S 115-1922: A bill to amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes.
AbortionAssault and harassment offensesCivil actions and liabilityCrimes against childrenCrimes against womenCrime victimsCriminal investigation, prosecution, interrogationGovernment information and archivesHealth information and medical recordsHealth personnelMedical ethicsMedical tests and diagnostic methodsSex offensesWomen's health

Pain-Capable Unborn Child Protection Act

USA115th CongressHR-36| House 
| Updated: 10/4/2017
(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.

Bill Text Versions

View Text
3 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jan 3, 2017
Introduced in House
Jan 3, 2017
Referred to the House Committee on the Judiciary.
Jan 12, 2017
Referred to the Subcommittee on the Constitution and Civil Justice.
Oct 2, 2017
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.
Oct 3, 2017
Rule H. Res. 548 passed House.
Oct 3, 2017
Considered under the provisions of rule H. Res. 548. (consideration: CR H7712-7728)
Oct 3, 2017
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.
Oct 3, 2017
DEBATE - The House proceeded with one hour of debate on H.R. 36.
Oct 3, 2017
The previous question was ordered pursuant to the rule.
Oct 3, 2017
Ms. Brownley (CA) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H7725)
Oct 3, 2017
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.
Oct 3, 2017
The previous question on the motion to recommit with instructions was ordered without objection.
Oct 3, 2017
On motion to recommit with instructions Failed by the Yeas and Nays: 187 - 238 (Roll no. 548).
View Vote
Oct 3, 2017
On passage Passed by recorded vote: 237 - 189 (Roll no. 549). (text: CR H7713-7715)
View Vote
Oct 3, 2017
Motion to reconsider laid on the table Agreed to without objection.
Oct 4, 2017
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  • January 3, 2017
    Introduced in House


  • January 3, 2017
    Referred to the House Committee on the Judiciary.


  • January 12, 2017
    Referred to the Subcommittee on the Constitution and Civil Justice.


  • October 2, 2017
    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.


  • October 3, 2017
    Rule H. Res. 548 passed House.


  • October 3, 2017
    Considered under the provisions of rule H. Res. 548. (consideration: CR H7712-7728)


  • October 3, 2017
    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.


  • October 3, 2017
    DEBATE - The House proceeded with one hour of debate on H.R. 36.


  • October 3, 2017
    The previous question was ordered pursuant to the rule.


  • October 3, 2017
    Ms. Brownley (CA) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H7725)


  • October 3, 2017
    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.


  • October 3, 2017
    The previous question on the motion to recommit with instructions was ordered without objection.


  • October 3, 2017
    On motion to recommit with instructions Failed by the Yeas and Nays: 187 - 238 (Roll no. 548).
    View Vote


  • October 3, 2017
    On passage Passed by recorded vote: 237 - 189 (Roll no. 549). (text: CR H7713-7715)
    View Vote


  • October 3, 2017
    Motion to reconsider laid on the table Agreed to without objection.


  • October 4, 2017
    Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Trent Franks

Trent Franks

Republican Representative

Arizona

Cosponsors (182)
Lamar Smith (Republican)Doug LaMalfa (Republican)David Schweikert (Republican)Chris Stewart (Republican)Paul A. Gosar (Republican)Michael C. Burgess (Republican)Karen C. Handel (Republican)Steve Chabot (Republican)Mia B. Love (Republican)Robert Pittenger (Republican)Bob Gibbs (Republican)Adrian Smith (Republican)David Kustoff (Republican)Mo Brooks (Republican)Clay Higgins (Republican)Tom Cole (Republican)Frank D. Lucas (Republican)Roger Marshall (Republican)Markwayne Mullin (Republican)Trent Kelly (Republican)John R. Carter (Republican)Eric A. "Rick" Crawford (Republican)Gregg Harper (Republican)Mark Meadows (Republican)Steven M. Palazzo (Republican)Pete Olson (Republican)Mike Johnson (Republican)Martha Roby (Republican)Randy Hultgren (Republican)Alexander X. Mooney (Republican)Brett Guthrie (Republican)Jim Banks (Republican)Andy Harris (Republican)Steve Stivers (Republican)Steve Womack (Republican)Lee M. Zeldin (Republican)Kristi L. Noem (Republican)Warren Davidson (Republican)Rick W. Allen (Republican)John Ratcliffe (Republican)Neal P. Dunn (Republican)Robert J. Wittman (Republican)Darin LaHood (Republican)John Abney Culberson (Republican)Kevin Brady (Republican)Glenn Thompson (Republican)Tim Murphy (Republican)Claudia Tenney (Republican)Brad R. Wenstrup (Republican)Marsha Blackburn (Republican)Jackie Walorski (Republican)Ken Buck (Republican)Paul Cook (Republican)Stevan Pearce (Republican)Lynn Jenkins (Republican)Tom McClintock (Republican)Pete Sessions (Republican)David Rouzer (Republican)Andy Biggs (Republican)Jeff Duncan (Republican)Doug Collins (Republican)David Young (Republican)Tim Walberg (Republican)Keith J. Rothfus (Republican)Earl L. "Buddy" Carter (Republican)Thomas A. Garrett (Republican)Billy Long (Republican)Collin C. Peterson (Democratic)Lou Barletta (Republican)Rob Bishop (Republican)Sam Johnson (Republican)Mike Bishop (Republican)Rod Blum (Republican)Todd Rokita (Republican)Thomas Massie (Republican)J. French Hill (Republican)Jim Jordan (Republican)Scott Perry (Republican)James B. Renacci (Republican)David B. McKinley (Republican)Jason Smith (Republican)Lloyd Smucker (Republican)Barry Loudermilk (Republican)Luke Messer (Republican)Ralph Lee Abraham (Republican)Kenny Marchant (Republican)Gus M. Bilirakis (Republican)Steve Scalise (Republican)Walter B. Jones (Republican)Paul Mitchell (Independent)A. Drew Ferguson (Republican)H. Morgan Griffith (Republican)Jody B. Hice (Republican)Bill Flores (Republican)Don Bacon (Republican)Andy Barr (Republican)Christopher H. Smith (Republican)David P. Joyce (Republican)Justin Amash (Libertarian)Jodey C. Arrington (Republican)Joe Wilson (Republican)Doug Lamborn (Republican)Steve King (Republican)Ted Poe (Republican)Liz Cheney (Republican)Steve Russell (Republican)Ann Wagner (Republican)Rodney Davis (Republican)Mike Kelly (Republican)Tom Rice (Republican)Peter J. Roskam (Republican)Mike D. Rogers (Republican)Richard Hudson (Republican)Roger Williams (Republican)Trey Gowdy (Republican)Bill Shuster (Republican)Chris Collins (Republican)Blake Farenthold (Republican)Glenn Grothman (Republican)Kevin Cramer (Republican)Patrick J. Tiberi (Republican)Ron Estes (Republican)John R. Moolenaar (Republican)Bruce Westerman (Republican)John H. Rutherford (Republican)Charles J. "Chuck" Fleischmann (Republican)Rob Woodall (Republican)Trey Hollingsworth (Republican)Austin Scott (Republican)Daniel Webster (Republican)Blaine Luetkemeyer (Republican)Jeb Hensarling (Republican)Daniel Lipinski (Democratic)Thomas J. Rooney (Republican)Larry Bucshon (Republican)Mark Walker (Republican)Michael T. McCaul (Republican)Tom Marino (Republican)Gary J. Palmer (Republican)Raul R. Labrador (Republican)Dave Brat (Republican)Sam Graves (Republican)Mike Bost (Republican)Scott DesJarlais (Republican)Michael K. Simpson (Republican)Diane Black (Republican)Michael R. Turner (Republican)Ted S. Yoho (Republican)Jeff Fortenberry (Republican)Dennis A. Ross (Republican)Bradley Byrne (Republican)Vicky Hartzler (Republican)Tom Emmer (Republican)Bill Huizenga (Republican)Matt Gaetz (Republican)Bob Goodlatte (Republican)Robert E. Latta (Republican)Joe Barton (Republican)Randy K. Sr. Weber (Republican)Virginia Foxx (Republican)Evan H. Jenkins (Republican)Tom Graves (Republican)Kevin Yoder (Republican)George Holding (Republican)Ralph Norman (Republican)Jim Bridenstine (Republican)Sean P. Duffy (Republican)Harold Rogers (Republican)K. Michael Conaway (Republican)Jack Bergman (Republican)John J. Duncan (Republican)Louie Gohmert (Republican)Ted Budd (Republican)Bill Johnson (Republican)Jaime Herrera Beutler (Republican)David P. Roe (Republican)Robert B. Aderholt (Republican)Brian Babin (Republican)Patrick T. McHenry (Republican)Duncan D. Hunter (Republican)Francis Rooney (Republican)John Shimkus (Republican)

Judiciary Committee, Judiciary Committee, Constitution and Limited Government Subcommittee

Crime and Law Enforcement

Related Bills

  • S 115-2311: A bill to amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes.
  • HRES 115-548: Providing for consideration of the bill (H.R. 36) to amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes.
  • S 115-1922: A bill to amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
AbortionAssault and harassment offensesCivil actions and liabilityCrimes against childrenCrimes against womenCrime victimsCriminal investigation, prosecution, interrogationGovernment information and archivesHealth information and medical recordsHealth personnelMedical ethicsMedical tests and diagnostic methodsSex offensesWomen's health