Sponsored by:
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
Assemblyman JOHN DIMAIO
District 23 (Hunterdon, Somerset and Warren)
Co-Sponsored by:
Assemblymen Wirths, Webber, S.Kean, Auth, DePhillips and Rooney
SYNOPSIS
"Pain-Capable Unborn Child Protection Act"; bans abortion 20 weeks or more after fertilization.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning abortions, supplementing Title 2C of the New Jersey Statutes, and designated as the "Pain-Capable Unborn Child 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 unborn child 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 dead unborn child.
"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.
Counseling means counseling provided by a counselor licensed by the State, or a victims rights advocate provided by a law enforcement agency.
Facility means any medical or counseling group, center, or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility.
"Fertilization" means the fusion of human spermatozoon with a human ovum.
Medical treatment means treatment provided at a hospital licensed by the State or operated under authority of a federal agency, at a medical clinic licensed by the State or operated under authority of a federal agency, or from a personal physician licensed by the State.
Minor means an individual who has not attained the age of 18 years.
"Perform an abortion" 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 unborn child as calculated from the fusion of a human spermatozoon with a human ovum.
"Probable post-fertilization age of the unborn child" means the time period that will, with reasonable medical judgment and reasonable probability, be the post-fertilization age of the unborn child 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.
Unborn child means an individual organism of species homo sapiens, beginning at fertilization, until the point of being born alive.
"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 unborn child 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 unborn child, 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 woman 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 to Department of Defense victim assistance personnel, and at least 48 hours prior to the abortion, the patient has obtained counseling for the rape, provided that the counseling may not be provided by a facility that performs abortions unless that facility is a hospital; or the patient has obtained medical treatment for the rape or an injury related to the rape. The physician who performs or attempts to perform an abortion under an exception provided by this paragraph shall comply with such applicable State laws that are in effect regarding reporting requirements in cases of rape; or
(3) the pregnancy is the result of rape or incest against a minor, if the rape or 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. The physician who performs or attempts to perform an abortion under an exception provided by this paragraph shall comply with such applicable State laws that are in effect regarding reporting requirements in cases of rape or incest.
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 unborn child to survive, unless in reasonable medical judgment termination of the pregnancy in that manner would pose a greater risk of:
(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.
f. If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subsection b. of this section shall ensure a second physician trained in neonatal resusci