§ 20-16-1401. Title
This subchapter shall be known and may be cited as the “Pain-Capable Unborn Child Protection Act”.
§ 20-16-1402. Definitions
As used in this subchapter: (1) “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device: (A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to: (i) Increase the probability of a live birth; (ii) Preserve the life or health […]
§ 20-16-1403. Legislative findings
The General Assembly finds that: (1) Pain receptors known as nociceptors are present throughout the unborn child’s entire body by no later than sixteen (16) weeks after fertilization, and nerves link these receptors to the brain’s thalamus and subcortical plate by no later than twenty (20) weeks; (2) (A) By eight (8) weeks after fertilization, […]
§ 20-16-1404. Determination of post-fertilization age
(a) (1) Except in the case of a medical emergency, an abortion shall not be performed or induced or be attempted to be performed or induced unless the physician performing or inducing the abortion has first made a determination of the probable post-fertilization age of the unborn child or relied upon such a determination made […]
§ 20-16-1405. Abortion of unborn child of 20 or more weeks post-fertilization age prohibited
(a) (1) A person shall not perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies that the probable post-fertilization age of […]
§ 20-16-1406. Reporting
(a) (1) A physician who performs or induces or attempts to perform or induce an abortion shall report to the Department of Health on a schedule and in accordance with rules adopted by the department. (2) The report required under subdivision (a)(1) of this section shall include without limitation: (A) Whether a determination of probable […]
§ 20-16-1407. Criminal penalties
(a) A person who purposely, knowingly, or recklessly performs or induces or attempts to perform or induce an abortion in violation of this subchapter is guilty of a Class D felony. (b) A penalty may not be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or […]
§ 20-16-1408. Civil remedies
(a) (1) A woman upon whom an abortion has been performed in violation of this subchapter or the father of the unborn child who was the subject of an abortion in violation of this subchapter may bring an action against the person who purposely, knowingly, or recklessly performed or induced the abortion in violation of […]
§ 20-16-1409. Protection of privacy in court proceedings
(a) In every civil or criminal proceeding or action brought under this subchapter, the court shall rule whether the anonymity of a woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she does not give her consent to the disclosure. […]
§ 20-16-1410. Construction
(a) Since it is the intent of the state to assert two (2) separate and independent compelling state interests, those in protecting the lives of viable unborn children and protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain, this subchapter does not […]