On July 18, the House Judiciary Committee approved, 18-14, the District of Columbia Pain-Capable Unborn Child Protection Act (H.R. 3803). The House Judiciary Subcommittee on the Constitution held a hearing on the bill on May 17 (see The Source, 5/18/12).
Sponsored by Rep. Trent Franks (R-AZ), the legislation would prohibit anyone from performing an abortion in the District of Columbia if the age of the unborn child is 20 weeks or greater. An exception would be made in order to save the life of the pregnant woman if her life is in danger due to a physical disorder or injury, not including psychological or emotional conditions. In such instances, the physician would be required to perform the operation in the manner that best protects the life of the fetus, unless it would pose risk of death or irreversible physical impairment, not including psychological or emotional impairment, to the pregnant woman.
Prior to performing an abortion, a physician would be required to determine the post-fertilization age of the unborn child by performing tests he or she deems necessary, relying on the determination made by another physician, or asking the pregnant woman.
The bill would require any physician who performs an abortion in the District of Columbia to report it to the District of Columbia Department of Health, which would then be required to release the data in an annual public report.
During consideration of the measure, the panel adopted the following amendment, by voice vote:
