Virginia Pain-Capable Unborn Child Protection Act; created, penalty. (SB637)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg)

Description

Virginia Pain-Capable Unborn Child Protection Act; penalty.  Creates the Virginia Pain-Capable Unborn Child Protection Act. The act, created in new Article 9.1 of Chapter 4 of Title 18.2, prohibits an abortion after 20 weeks gestation unless, in reasonable medical judgment, the mother has a condition that so complicates her medical condition as to necessitate the abortion to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function. The prohibition is predicated on the assertion that a fetus is capable of feeling pain at 20 weeks. When an abortion is not prohibited post-20 weeks gestation, the physician is required to terminate the pregnancy in a manner that would provide the unborn child the best opportunity to survive. The bill punishes an abortion in violation of the article as a Class 6 felony. The bill also provides for civil remedies against a physician who performs an abortion in violation of the article. Read the Bill »

Outcome

History