Pain-Capable Unborn Child Protection Act; created, penalty. (HB1274)

Introduced By

Del. Nick Freitas (R-Culpeper) with support from co-patron Del. Phil Scott (R-Spotsylvania)


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 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 or authorized nurse practitioner 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 6 felony. The bill also provides for civil remedies against a physician or authorized nurse practitioner who performs an abortion in violation of the Act. Read the Bill »


Bill Has Failed


01/20/2022Presented and ordered printed 22103698D
01/20/2022Referred to Committee for Courts of Justice
01/21/2022Impact statement from VCSC (HB1274)
02/03/2022Impact statement from DPB (HB1274)
02/15/2022Left in Courts of Justice

Duplicate Bills

The following bills are identical to this one: SB710.


Tom writes:

This bill infringes on a woman's right to make her own reproductive and health care decisions in collaboration with her doctor. Delegate Freitas does not respect women, privacy, or freedom.

VA NOW (National Organization for Women), tracking this bill in Photosynthesis, notes:

Companion bill to sb710. Both must be defeated. They aim to criminalize abortion providers and shame women for seeking abortion care.

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