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S 3275 - Pain-Capable Unborn Child Protection Act - National Key Vote

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Title: Pain-Capable Unborn Child Protection Act

Vote Smart's Synopsis:

Vote on a motion to invoke cloture on a bill that establishes a criminal offense for performing an abortion after 20 weeks of pregnancy.

Highlights:

 

  • Requires a physician performing or attempting to perform an abortion to first determine the probable post-fertilization age of the fetus (Sec. 3).

  • Prohibits performing an abortion if the probable post-fertilization age is 20 weeks or greater (Sec. 3).

  • Specifies that whoever violates the above prohibition will be fined, imprisoned for up to 5 years, or both (Sec. 3).

  • Authorizes the following exceptions to the above prohibition (Sec. 3):

    • In reasonable medical judgment, the abortion is necessary to the save the life of a pregnant person whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself; 

    • The pregnancy is the result of rape against the pregnant person, and at least 48 hours prior to the abortion: 

      • They have obtained counseling for the rape; or

      • They have obtained medical treatment for the rape or an injury related to the rape; or

    • The pregnancy is a result of rape or incest against a minor, and the rape or incest has been reported at any time prior to the abortion to either: 

      • A government agency legally authorized to act on reports of child abuse; or 

      • A law enforcement agency. 

  • Specifies that life-threatening conditions arising from pregnancy described in the above exemption do not include psychological or emotional conditions (Sec. 3).

NOTE: THIS IS A VOTE TO INVOKE CLOTURE ON A MOTION TO PROCEED, WHICH SENDS THE LEGISLATION TO THE FLOOR OF THE SENATE FOR DEBATE AND AMENDMENT. A MOTION TO PROCEED ALONE REQUIRES A MAJORITY FOR APPROVAL. HOWEVER, THE MOTION CAN BE FILIBUSTERED, AND WHEN THIS OCCURS, A CLOTURE VOTE IS NECESSARY TO VOTE ON THE MOTION TO PROCEED. A THREE-FIFTHS MAJORITY OF THE SENATE IS NECESSARY TO INVOKE CLOTURE.

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