Bill Text: NJ A1703 | 2016-2017 | Regular Session | Introduced
Bill Title: "Pain-Capable Fetus Protection Act"; bans abortion 20 weeks or more after fertilization.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-03-07 - Withdrawn from Consideration [A1703 Detail]
Download: New_Jersey-2016-A1703-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
"Pain-Capable Fetus Protection Act"; bans abortion 20 weeks or more after fertilization.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning abortions, supplementing Title 2C of the New Jersey Statutes, and designated as the "Pain-Capable Fetus Protection Act."
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally kill the fetus of a woman known to be pregnant, or to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than: after viability, to produce a live birth and preserve the life and health of the child born alive; or to remove a deceased fetus.
"Attempt an abortion" means conduct taken by a person that the person believes will constitute a substantial step in a course of conduct planned to culminate in performing an abortion.
"Fertilization" means the fusion of human spermatozoon with a human ovum.
"Perform" means to take an action that includes inducing an abortion through a medical or chemical intervention, including writing a prescription for a drug or device intended to result in an abortion.
"Physician" means a person who is licensed to practice medicine and surgery pursuant to chapter 9 of Title 45 of the Revised Statutes.
"Post-fertilization age" means the age of a fetus as calculated from the fusion of a human spermatozoon with a human ovum.
"Probable post-fertilization age of the fetus" means the time period that will, with reasonable medical judgment and reasonable probability, be the post-fertilization age of the fetus at the time the abortion is planned to be performed or induced.
"Reasonable medical judgment" means a professional judgment made by a reasonably prudent physician in the practice of medicine, and made with knowledge about the case and the treatment possibilities with respect to the medical conditions involved.
"Woman" means a female person who has or has not reached the age of majority.
2. a. (1) Notwithstanding the provisions of any other law to the contrary, it shall be unlawful for a person to perform an abortion or attempt to do so, unless the person is a physician, performing or attempting to perform the abortion pursuant to this act, who has first made a determination of the probable post-fertilization age of the fetus or has reasonably relied upon this determination made by another physician. In making a determination pursuant to this section, the physician shall make inquiries of the pregnant woman and shall perform or cause to be performed any medical examinations or tests that a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post-fertilization age.
(2) Except as provided in subsection b. of this section, an abortion shall not be performed or attempted if the probable post-fertilization age of the fetus, as determined pursuant to this subsection, is 20 weeks or greater.
b. The provisions of subsection a. of this section shall not apply if:
(1) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant women 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, but not including a psychological or emotional condition;
(2) the pregnancy is the result of rape, if the rape has been reported at any time prior to the abortion to a law enforcement agency; or
(3) the pregnancy is the result of incest against a minor, if the incest has been reported at any time prior to the abortion to a law enforcement agency or to the Division of Child Protection and Permanency in the Department of Children and Families.
c. Notwithstanding the requirements for performing or attempting to perform an abortion pursuant to this act, a physician terminating or attempting to terminate a pregnancy pursuant to subsection b. of this section may do so only in a manner which, in reasonable medical judgment, provides the best opportunity for the fetus to survive, unless in reasonable medical judgment termination of the pregnancy in that manner would pose a greater risk than would other available methods of terminating the pregnancy, resulting in:
(1) the death of the pregnant woman; or
(2) the substantial and irreversible physical impairment of a major bodily function, not including a psychological or emotional condition of the pregnant woman.
d. A person who performs or attempts to perform an abortion in violation of subsection a. of this section shall be guilty of a crime of the third degree.
e. A woman upon whom an abortion is performed shall be immune from civil or criminal liability for a violation of, or a conspiracy to violate, subsection a. of this section.
3. This act shall take
effect immediately on the first day of the third month next following the date
of enactment.
STATEMENT
This bill, designated as the "Pain-Capable Fetus Protection Act," provides that an abortion is not to be performed or attempted if the probable post-fertilization age of the fetus is 20 weeks or greater, with certain exceptions noted below. It is to be unlawful for a person to perform an abortion or attempt to do so, unless the person is a physician who has first made a determination of the probable post-fertilization age of the fetus or has reasonably relied upon this determination made by another physician. In making the determination, a physician is to make inquiries of the pregnant woman and perform any medical examinations or tests necessary to accurately determine post-fertilization age.
The bill provides an exception to the above provisions if: (1) the abortion is necessary to save the life of a pregnant women whose life is endangered by a physical disorder, illness, or injury, including a life-endangering physical condition caused by, or arising from, the pregnancy itself; (2) the pregnancy is the result of rape, if reported to a law enforcement agency prior to the abortion; or (3) the pregnancy is the result of incest against a minor, if reported to a law enforcement agency or to the Division of Child Protection and Permanency in the Department of Children and Families prior to the abortion. In terminating or attempting to terminate a pregnancy under these circumstances, the physician may do so only in a manner which, in reasonable medical judgment, provides the best opportunity for the fetus to survive, unless the termination of the pregnancy in that manner would pose a greater risk of death of the pregnant woman or substantial and irreversible physical impairment of a major bodily function.
A person who performs or attempts to perform an abortion in violation of the bill's requirements is to be guilty of a crime of the third degree (punishable by three to five years imprisonment or fined up to $15,000, or both); however, a woman upon whom an abortion is to be performed is to be immune from civil or criminal liability.
The bill, which is modeled on H.R. 36 of the 114th Congress, is intended to address the concern that a fetus is capable of experiencing pain by 20 weeks after fertilization, if not earlier. Fetal surgeons have found it necessary to sedate a fetus to prevent the fetus from engaging in vigorous movement in reaction to invasive surgery.
