Vetoed by Governor Steve Bullock

Vote Smart's Synopsis:

A vote to pass a bill that prohibits abortions following the 20th week of pregnancy.

Highlights:

• Establishes this act as the “Montana Pain-Capable Unborn Child Protection Act” (Sec. 1).

• Prohibits an individual from performing, inducing, or attempting an abortion of a fetus 20 or more weeks after fertilization, unless a serious health risk to the patient necessitates an abortion (Sec. 3).

• Requires the practitioner, when an abortion is necessary to prevent a serious health risk to the patient, to terminate the pregnancy in the manner that provides the best opportunity for the fetus to survive (Sec. 3).

• Classifies a violation of this act as a felony (Sec. 4).

• Authorizes a patient upon whom an abortion has been attempted, performed, or induced in violation of section 3, or the biological father of the fetus, to maintain an action against the individual who purposefully or knowingly performed or induced the abortion, for actual and punitive damages (Sec. 5).

• Authorizes certain individuals to maintain a cause of action for injunctive relief against anyone in violation of section 3, including (Sec. 5):

• The patient upon whom an abortion was performed, induced, or attempted or, if the patient is a minor, the patient's parent or guardian;

• The spouse of the patient upon whom an abortion has been performed, induced, or attempted;

• A prosecuting attorney with appropriate jurisdiction; or

• The attorney general.

Full Bill Text

Vote Smart's Synopsis:

A vote to pass a bill that prohibits abortions following the 20th week of pregnancy.

Highlights:

• Establishes this act as the “Montana Pain-Capable Unborn Child Protection Act” (Sec. 1).

• Prohibits an individual from performing, inducing, or attempting an abortion of a fetus 20 or more weeks after fertilization, unless a serious health risk to the patient necessitates an abortion (Sec. 3).

• Requires the practitioner, when an abortion is necessary to prevent a serious health risk to the patient, to terminate the pregnancy in the manner that provides the best opportunity for the fetus to survive (Sec. 3).

• Classifies a violation of this act as a felony (Sec. 4).

• Authorizes a patient upon whom an abortion has been attempted, performed, or induced in violation of section 3, or the biological father of the fetus, to maintain an action against the individual who purposefully or knowingly performed or induced the abortion, for actual and punitive damages (Sec. 5).

• Authorizes certain individuals to maintain a cause of action for injunctive relief against anyone in violation of section 3, including (Sec. 5):

• The patient upon whom an abortion was performed, induced, or attempted or, if the patient is a minor, the patient's parent or guardian;

• The spouse of the patient upon whom an abortion has been performed, induced, or attempted;

• A prosecuting attorney with appropriate jurisdiction; or

• The attorney general.

Full Bill Text