Pain-Capable Unborn Child Protection Act; created, penalty. (HB963)

Introduced By

Del. Dave LaRock (R-Loudoun) with support from 33 copatrons, whose average partisan position is:

Those copatrons are Del. Rich Anderson (R-Woodbridge), Del. Dickie Bell (R-Staunton), Del. Kathy Byron (R-Lynchburg), Del. Jeff Campbell (R-Marion), Del. Ben Cline (R-Amherst), Del. Mark Cole (R-Fredericksburg), Del. Chris Collins (R-Winchester), Del. Matt Fariss (R-Rustburg), Del. Nick Freitas (R-Culpeper), Del. Todd Gilbert (R-Woodstock), Del. Tim Hugo (R-Centreville), Del. Steve Landes (R-Weyers Cave), Del. Jay Leftwich (R-Chesapeake), Del. Scott Lingamfelter (R-Woodbridge), Del. Bob Marshall (R-Manassas), Del. Jimmie Massie (R-Richmond), Del. Jackson Miller (R-Manassas), Del. Rick Morris (R-Carrollton), Del. Bobby Orrock (R-Thornburg), Del. Chris Peace (R-Mechanicsville), Del. Charles Poindexter (R-Glade Hill), Del. Tony Wilt (R-Harrisonburg), Del. Tommy Wright (R-Victoria), Sen. Dick Black (R-Leesburg), Sen. Bill Carrico (R-Grayson), Sen. Amanda Chase (R-Midlothian), Sen. Tom Garrett (R-Lynchburg), Sen. Emmett Hanger (R-Mount Solon), Sen. Bryce Reeves (R-Spotsylvania), Sen. Frank Ruff (R-Clarksville), Sen. Bill Stanley (R-Moneta), Sen. David Suetterlein (R-Salem), Sen. Jill Holtzman Vogel (R-Winchester)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Pain-Capable Unborn Child Protection Act; penalty. Creates the Pain-Capable Unborn Child Protection Act (the Act). The Act 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. 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 performance of an abortion in violation of the Act as a Class 4 felony. The bill also provides for civil remedies against a physician who performs an abortion in violation of the Act. Read the Bill »


Bill Has Failed


01/12/2016Prefiled and ordered printed; offered 01/13/16 16103827D
01/12/2016Referred to Committee for Courts of Justice
01/14/2016Impact statement from VCSC (HB963)
01/28/2016Impact statement from VDH (HB963)
02/04/2016Assigned Courts sub: Constitutional Law
02/10/2016Subcommittee recommends reporting with amendment(s) (4-Y 2-N)
02/12/2016Continued to 2017 in Courts of Justice
12/01/2016Left in Courts of Justice


Diane Lange writes:

It is such a barbaric act that anyone would abort a child who feels pain. Time to end this practice and pass the "Pain-Capable Unborn Child Protection Act"

Louantha Kerr writes:

Only seven countries in the world, including the U.S., China and North Korea, allow elective abortions past 20 weeks of pregnancy. Please ban this horrific procedure.

Dixie Greer writes:

This procedure should never be allowed and all should vote to pass this bill. Please stop this barbaric act.

Marie Stella writes:

I trust women and I trust their doctors to help them make the right decisions. It is difficult to quote statistics on why people get abortions after 20 weeks because a high percentage of women who undergo this procedure do not want to be interviewed. After all, they have just undergone a surgery that no woman takes lightly. Some of the reasons quoted are non-viability of the fetus, non-viability of the mother if she carries to term, disabled child, inability to support a child or other children in the family, etc. Thanks to the availability, albeit not free, of birth control, the number of abortions have been reduced drastically in this country. The supporters of this bill are well aware that much of the state's medicaid funding goes to a minimum of a million dollars per child just to of get a premature baby out of the hospital (income is not a factor in these cases and free services are provided to almost everyone except the 1%). For those who state they did not know they were pregnant, better sex and health education would be the best solution. If these numerous people who signed on to this bill really cared about embryo and fetus viability they might do the following: Support equal pay for women so they can support, or help support, with their partners, their families: increase the minimum wage to a living wage: implement a marketplace or other Medicaid Expansion, especially in light of the fact that Virginia Hospitals have agreed to only charge what the Federal Government supplies: Support clinics like Planned Parenthood where women and men can get not only health services but education and contraceptives to prevent unwanted pregnancies and also have been instrumental in preventing AIDS by teaching use of birth control and clean needle programs: and implement other peripheral activities like investigating possible abuse of funds by Tobacco Indemnity Corp., which was meant to help families.
We need representatives who are willing to come up with ideas that will make Virginia a thriving economy for all that will allow more families to want children, not people who pander to gut emotions that will do nothing to prevent abortions and lead to illegal abortions for the poor and working class and shopping trips to Europe for the wealthy.