1.1.................... moves to amend H.F. No. 1020, the delete everything amendment
1.2(H1020DE2-1), as follows:
1.3Page 48, after line 17, insert:


1.6    Section 1. SHORT TITLE.
1.7This act may be cited as the "Pain-Capable Unborn Child Protection Act."

1.8    Sec. 2. [8.40] LITIGATION DEFENSE FUND.
1.9(a) There is created a special revenue fund known as the Pain-Capable Unborn Child
1.10Protection Act litigation fund for the purpose of providing funds to pay for any costs and
1.11expenses incurred by the state attorney general in relation to actions surrounding defense
1.12of sections 145.4141 to 145.4148.
1.13(b) The fund shall be maintained by the state Office of Management and Budget.
1.14(c) The litigation fund shall consist of:
1.15(1) appropriations made to the account by the legislature; and
1.16(2) any donations, gifts, or grants made to the account by private citizens or entities.
1.17(d) The litigation fund shall retain the interest income derived from the money
1.18credited to the fund.

1.19    Sec. 3. Minnesota Statutes 2010, section 145.4131, subdivision 1, is amended to read:
1.20    Subdivision 1. Forms. (a) Within 90 days of July 1, 1998, the commissioner shall
1.21prepare a reporting form for use by physicians or facilities performing abortions. A copy
1.22of this section shall be attached to the form. A physician or facility performing an abortion
1.23shall obtain a form from the commissioner.
1.24(b) The form shall require the following information:
2.1(1) the number of abortions performed by the physician in the previous calendar
2.2year, reported by month;
2.3(2) the method used for each abortion;
2.4(3) the approximate gestational age expressed in one of the following increments:
2.5(i) less than nine weeks;
2.6(ii) nine to ten weeks;
2.7(iii) 11 to 12 weeks;
2.8(iv) 13 to 15 weeks;
2.9(v) 16 to 20 weeks;
2.10(vi) 21 to 24 weeks;
2.11(vii) 25 to 30 weeks;
2.12(viii) 31 to 36 weeks; or
2.13(ix) 37 weeks to term;
2.14(4) the age of the woman at the time the abortion was performed;
2.15(5) the specific reason for the abortion, including, but not limited to, the following:
2.16(i) the pregnancy was a result of rape;
2.17(ii) the pregnancy was a result of incest;
2.18(iii) economic reasons;
2.19(iv) the woman does not want children at this time;
2.20(v) the woman's emotional health is at stake;
2.21(vi) the woman's physical health is at stake;
2.22(vii) the woman will suffer substantial and irreversible impairment of a major bodily
2.23function if the pregnancy continues;
2.24(viii) the pregnancy resulted in fetal anomalies; or
2.25(ix) unknown or the woman refused to answer;
2.26(6) the number of prior induced abortions;
2.27(7) the number of prior spontaneous abortions;
2.28(8) whether the abortion was paid for by:
2.29(i) private coverage;
2.30(ii) public assistance health coverage; or
2.31(iii) self-pay;
2.32(9) whether coverage was under:
2.33(i) a fee-for-service plan;
2.34(ii) a capitated private plan; or
2.35(iii) other;
3.1(10) complications, if any, for each abortion and for the aftermath of each abortion.
3.2Space for a description of any complications shall be available on the form; and
3.3(11) the medical specialty of the physician performing the abortion.;
3.4(12) whether a determination of probable postfertilization age was made and the
3.5probable postfertilization age determined:
3.6(i) the method used to make such a determination; or
3.7(ii) if a determination was not made prior to performing an abortion, the basis of
3.8the determination that a medical emergency existed; and
3.9(13) for abortions performed after a determination of postfertilization age of 20 or
3.10more weeks, the basis of the determination that the pregnant woman had a condition that
3.11so complicated her medical condition as to necessitate the abortion of her pregnancy to
3.12avert her death or to avert serious risk of substantial and irreversible physical impairment
3.13of a major bodily function, not including psychological or emotional conditions.

3.14    Sec. 4. [145.4141] DEFINITIONS.
3.15    Subdivision 1. Scope. For purposes of sections 145.4141 to 145.4148, the following
3.16terms have the meanings given them.
3.17    Subd. 2. Abortion. "Abortion" means the use or prescription of any instrument,
3.18medicine, drug, or any other substance or device to terminate the pregnancy of a woman
3.19known to be pregnant with an intention other than to increase the probability of a live
3.20birth, to preserve the life or health of the child after live birth, or to remove a dead unborn
3.21child who died as the result of natural causes in utero, accidental trauma, or a criminal
3.22assault on the pregnant woman or her unborn child, and which causes the premature
3.23termination of the pregnancy.
3.24    Subd. 3. Attempt to perform or induce an abortion. "Attempt to perform or
3.25induce an abortion" means an act, or an omission of a statutorily required act, that, under
3.26the circumstances as the actor believes them to be, constitutes a substantial step in a
3.27course of conduct planned to culminate in the performance or induction of an abortion in
3.28this state in violation of sections 145.4141 to 145.4148.
3.29    Subd. 4. Fertilization. "Fertilization" means the fusion of a human spermatozoon
3.30with a human ovum.
3.31    Subd. 5. Medical emergency. "Medical emergency" means a condition that,
3.32in reasonable medical judgment, so complicates the medical condition of the pregnant
3.33woman that it necessitates the immediate abortion of her pregnancy without first
3.34determining postfertilization age to avert her death or for which the delay necessary to
3.35determine postfertilization age will create serious risk of substantial and irreversible
4.1physical impairment of a major bodily function not including psychological or emotional
4.2conditions. No condition shall be deemed a medical emergency if based on a claim or
4.3diagnosis that the woman will engage in conduct which she intends to result in her death
4.4or in substantial and irreversible physical impairment of a major bodily function.
4.5    Subd. 6. Physician. "Physician" means any person licensed to practice medicine
4.6and surgery or osteopathic medicine and surgery in this state.
4.7    Subd. 7. Postfertilization age. "Postfertilization age" means the age of the unborn
4.8child as calculated from the fusion of a human spermatozoon with a human ovum.
4.9    Subd. 8. Probable postfertilization age of the unborn child. "Probable
4.10postfertilization age of the unborn child" means what, in reasonable medical judgment,
4.11will with reasonable probability be the postfertilization age of the unborn child at the time
4.12the abortion is planned to be performed or induced.
4.13    Subd. 9. Reasonable medical judgment. "Reasonable medical judgment" means a
4.14medical judgment that would be made by a reasonably prudent physician knowledgeable
4.15about the case and the treatment possibilities with respect to the medical conditions
4.16involved.
4.17    Subd. 10. Unborn child or fetus. "Unborn child" or "fetus" means an individual
4.18organism of the species homo sapiens from fertilization until live birth.
4.19    Subd. 11. Woman. "Woman" means a female human being whether or not she
4.20has reached the age of majority.

4.21    Sec. 5. [145.4142] LEGISLATIVE FINDINGS.
4.22(a) The legislature makes the following findings.
4.23(b) Pain receptors (nociceptors) are present throughout an unborn child's entire body
4.24and nerves link these receptors to the brain's thalamus and subcortical plate by 20 weeks.
4.25(c) By eight weeks after fertilization, an unborn child reacts to touch. After 20
4.26weeks an unborn child reacts to stimuli that would be recognized as painful if applied to
4.27an adult human, for example by recoiling.
4.28(d) In the unborn child, application of such painful stimuli is associated with
4.29significant increases in stress hormones known as the stress response.
4.30(e) Subjection to such painful stimuli is associated with long-term harmful
4.31neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional,
4.32behavioral, and learning disabilities later in life.
4.33(f) For the purposes of surgery on an unborn child, fetal anesthesia is routinely
4.34administered and is associated with a decrease in stress hormones compared to the level
4.35when painful stimuli is applied without anesthesia.
5.1(g) The position, asserted by some medical experts, that an unborn child is incapable
5.2of experiencing pain until a point later in pregnancy than 20 weeks after fertilization
5.3predominately rests on the assumption that the ability to experience pain depends on the
5.4cerebral cortex and requires nerve connections between the thalamus and the cortex.
5.5However, recent medical research and analysis, especially since 2007, provides strong
5.6evidence for the conclusion that a functioning cortex is not necessary to experience pain.
5.7(h) Substantial evidence indicates that children born missing the bulk of the cerebral
5.8cortex, those with hydranencephaly, nevertheless experience pain.
5.9(i) In adults, stimulation or ablation of the cerebral cortex does not alter pain
5.10perception, while stimulation or ablation of the thalamus does.
5.11(j) Substantial evidence indicates that structures used for pain processing in early
5.12development differ from those of adults, using different neural elements available at
5.13specific times during development, such as the subcortical plate, to fulfill the role of
5.14pain processing.
5.15(k) The position asserted by some medical experts, that the unborn child remains in a
5.16coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with
5.17the documented reaction of unborn children to painful stimuli and with the experience of
5.18fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to
5.19prevent the unborn child from thrashing about in reaction to invasive surgery.
5.20(l) Consequently, there is substantial medical evidence that an unborn child is
5.21capable of experiencing pain by 20 weeks after fertilization.
5.22(m) It is the purpose of the state to assert a compelling state interest in protecting the
5.23lives of unborn children from the stage at which substantial medical evidence indicates
5.24that they are capable of feeling pain.

5.25    Sec. 6. [145.4143] DETERMINATION OF GESTATIONAL AGE.
5.26    Subdivision 1. Determination of postfertilization age. Except in the case of a
5.27medical emergency, no abortion shall be performed or induced or be attempted to be
5.28performed or induced unless the physician performing or inducing it has first made a
5.29determination of the probable postfertilization age of the unborn child or relied upon
5.30such a determination made by another physician. In making such a determination, the
5.31physician shall make those inquiries of the woman and perform or cause to be performed
5.32those medical examinations and tests that a reasonably prudent physician, knowledgeable
5.33about the case and the medical conditions involved, would consider necessary to perform
5.34in making an accurate diagnosis with respect to postfertilization age.
6.1    Subd. 2. Unprofessional conduct. Failure by any physician to conform to any
6.2requirement of this section constitutes unprofessional conduct under section 147.091,
6.3paragraph (k).

6.4    Sec. 7. [145.4144] ABORTION OF UNBORN CHILD OF 20 OR MORE WEEKS
6.5GESTATIONAL AGE PROHIBITED; CAPABLE OF FEELING PAIN.
6.6    Subdivision 1. Abortion prohibition; exemption. No person shall perform or
6.7induce or attempt to perform or induce an abortion upon a woman when it has been
6.8determined, by the physician performing or inducing or attempting to perform or induce
6.9the abortion, or by another physician upon whose determination that physician relies,
6.10that the probable postfertilization age of the woman's unborn child is 20 or more weeks
6.11unless, in reasonable medical judgment, she has a condition which so complicates her
6.12medical condition as to necessitate the abortion of her pregnancy to avert her death or to
6.13avert serious risk of substantial and irreversible physical impairment of a major bodily
6.14function, not including psychological or emotional conditions. No such condition shall
6.15be deemed to exist if it is based on a claim or diagnosis that the woman will engage in
6.16conduct which she intends to result in her death or in substantial and irreversible physical
6.17impairment of a major bodily function.
6.18    Subd. 2. When abortion not prohibited. When an abortion upon a woman whose
6.19unborn child has been determined to have a probable postfertilization age of 20 or more
6.20weeks is not prohibited by this section, the physician shall terminate the pregnancy in
6.21the manner which, in reasonable medical judgment, provides the best opportunity for
6.22the unborn child to survive unless, in reasonable medical judgment, termination of the
6.23pregnancy in that manner would pose a greater risk either of the death of the pregnant
6.24woman or of the substantial and irreversible physical impairment of a major bodily
6.25function, not including psychological or emotional conditions, of the woman than would
6.26other available methods. No such greater risk shall be deemed to exist if it is based on a
6.27claim or diagnosis that the woman will engage in conduct which she intends to result in
6.28her death or in substantial and irreversible physical impairment of a major bodily function.

6.29    Sec. 8. [145.4145] ENFORCEMENT.
6.30    Subdivision 1. Criminal penalties. A person who intentionally or recklessly
6.31performs or induces or attempts to perform or induce an abortion in violation of sections
6.32145.4141 to 145.4148 shall be guilty of a felony. No penalty may be assessed against the
6.33woman upon whom the abortion is performed or induced or attempted to be performed or
6.34induced.
7.1    Subd. 2. Civil remedies. (a) A woman upon whom an abortion has been performed
7.2or induced in violation of sections 145.4141 to 145.4148, or the father of the unborn child
7.3who was the subject of such an abortion, may maintain an action against the person who
7.4performed or induced the abortion in intentional or reckless violation of sections 145.4141
7.5to 145.4148 for actual and punitive damages. A woman upon whom an abortion has been
7.6attempted in violation of sections 145.4141 to 145.4148 may maintain an action against
7.7the person who attempted to perform or induce the abortion in an intentional or reckless
7.8violation of sections 145.4141 to 145.4148 for actual and punitive damages.
7.9(b) A cause of action for injunctive relief against a person who has intentionally
7.10violated sections 145.4141 to 145.4148 may be maintained by the woman upon whom an
7.11abortion was performed or induced or attempted to be performed or induced in violation of
7.12sections 145.4141 to 145.4148; by a person who is the father of the unborn child subject
7.13to an abortion, parent, sibling, or guardian of, or a current or former licensed health
7.14care provider of, the woman upon whom an abortion has been performed or induced or
7.15attempted to be performed or induced in violation of sections 145.4141 to 145.4148; by a
7.16county attorney with appropriate jurisdiction; or by the attorney general. The injunction
7.17shall prevent the abortion provider from performing or inducing or attempting to perform
7.18or induce further abortions in this state in violation of sections 145.4141 to 145.4148.
7.19(c) If judgment is rendered in favor of the plaintiff in an action described in this
7.20section, the court shall also render judgment for reasonable attorney fees in favor of
7.21the plaintiff against the defendant.
7.22(d) If judgment is rendered in favor of the defendant and the court finds that the
7.23plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment
7.24for reasonable attorney fees in favor of the defendant against the plaintiff.
7.25(e) No damages or attorney fees may be assessed against the woman upon whom
7.26an abortion was performed or induced or attempted to be performed or induced except
7.27according to paragraph (d).

7.28    Sec. 9. [145.4146] PROTECTION OF PRIVACY IN COURT PROCEEDINGS.
7.29In every civil or criminal proceeding or action brought under the Pain-Capable
7.30Unborn Child Protection Act, the court shall rule on whether the anonymity of a woman
7.31upon whom an abortion has been performed or induced or attempted to be performed
7.32or induced shall be preserved from public disclosure if she does not give her consent
7.33to such disclosure. The court, upon motion or sua sponte, shall make such a ruling
7.34and, upon determining that her anonymity should be preserved, shall issue orders to the
7.35parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of
8.1individuals from courtrooms or hearing rooms to the extent necessary to safeguard her
8.2identity from public disclosure. Each such order shall be accompanied by specific written
8.3findings explaining why the anonymity of the woman should be preserved from public
8.4disclosure, why the order is essential to that end, how the order is narrowly tailored to
8.5serve that interest, and why no reasonable, less restrictive alternative exists. In the absence
8.6of written consent of the woman upon whom an abortion has been performed or induced
8.7or attempted to be performed or induced, anyone, other than a public official, who brings
8.8an action under section 145.4145, subdivision 2, shall do so under a pseudonym. This
8.9section may not be construed to conceal the identity of the plaintiff or of witnesses from
8.10the defendant or from attorneys for the defendant.

8.11    Sec. 10. [145.4147] SEVERABILITY.
8.12If any one or more provisions, sections, subsections, sentences, clauses, phrases,
8.13or words of sections 145.4141 to 145.4148, or the application thereof to any person or
8.14circumstance is found to be unconstitutional, the same is hereby declared to be severable
8.15and the balance of sections 145.4141 to 145.4148 shall remain effective notwithstanding
8.16such unconstitutionality. The legislature hereby declares that it would have passed
8.17sections 145.4141 to 145.4148, and each provision, section, subsection, sentence, clause,
8.18phrase, or word thereof, irrespective of the fact that any one or more provisions, sections,
8.19subsections, sentences, clauses, phrases, or words of sections 145.4141 to 145.4148, or the
8.20application of sections 145.4141 to 145.4148, would be declared unconstitutional.

8.21    Sec. 11. [145.4148] SUPREME COURT JURISDICTION.
8.22The Minnesota Supreme Court has original jurisdiction over an action challenging
8.23the constitutionality of sections 145.4141 to 145.4147 and shall expedite the resolution
8.24of the action."
8.25Renumber the sections in sequence and correct the internal references
8.26Amend the title accordingly