North Carolina 2019-2020 Session Status: In Committee 10 R cosponsors

SB 547 — Pain Capable Unborn Child Protection Act.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

13 added · 14 removed

Plain-language change summary

The amendments to SB 547 added a title and reference to the North Carolina General Assembly session, while also removing a previous designation and some administrative text. These changes clarify the document as an official bill from the current session, ensuring that it is up to date and properly categorized. This is important because it helps maintain an accurate record of legislation and can aid in easier navigation for lawmakers and the public.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Apr 2, 2019 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 547* Short Title:
547 SESSION 2019 PRINCIPAL CLERK S D SENATE BILL DRS55064-ML-122A* Short Title:
A BILL TO BE ENTITLED AN ACT ESTABLISHING THE PAIN CAPABLE UNBORN CHILD PROTECTION ACT.
Rules and Operations of the Senate April 3, 2019 A BILL TO BE ENTITLED AN ACT ESTABLISHING THE PAIN CAPABLE UNBORN CHILD PROTECTION ACT.
and *DRS55064-ML-122A* General Assembly Of North Carolina Session 2019 Whereas, theGeneral Assemblyhas theconstitutional authorityto makethejudgment that there is substantial medical evidence that an unborn child is capable of experiencing pain as soon as 20 weeks after fertilization;
and *S547-v-1* General Assembly Of North Carolina Session 2019 Whereas, theGeneral Assemblyhas theconstitutional authorityto makethejudgment that there is substantial medical evidence that an unborn child is capable of experiencing pain as soon as 20 weeks after fertilization;
137 (1996), in which, in the context of determining the severability of a state statute regulating abortion, the United States Supreme Court noted that an explicit statement of legislative intent specifically made applicable to a particular statute is of greater weight than a general savings or severability clause, it is the intent of the State that if any one or more provisions, sections, subsections, sentences, clauses, phrases Page 2 DRS55064-ML-122A* General Assembly Of North Carolina Session 2019 or words of this Act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this Act shall remain effective notwithstanding such unconstitutionality;
137 (1996), in which, in the context of determining the severability of a state statute regulating abortion, the United States Supreme Court noted that an explicit statement of legislative intent specifically made applicable to a particular statute is of greater weight than a general savings or severability clause, it is the intent of the State that if any one or more provisions, sections, subsections, sentences, clauses, phrases Page 2 Senate Bill 547*-First Edition General Assembly Of North Carolina Session 2019 or words of this Act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this Act shall remain effective notwithstanding such unconstitutionality;
Such a determination may not be made if it is based on a claim or diagnosis that the unborn child's mother will engage in DRS55064-ML-122A* Page 3 General Assembly Of North Carolina Session 2019 conduct that she intends to result in her death or in the substantial and irreversible physical impairment of one or more of her major bodilyfunctions.
Such a determination may not be made if it is based on a claim or diagnosis that the unborn child's mother will engage in Senate Bill 547*-First Edition Page 3 General Assembly Of North Carolina Session 2019 conduct that she intends to result in her death or in the substantial and irreversible physical impairment of one or more of her major bodilyfunctions.
Page 4 DRS55064-ML-122A* General Assembly Of North Carolina Session 2019 e.
Page 4 Senate Bill 547*-First Edition General Assembly Of North Carolina Session 2019 e.
– Except as provided in subsection (b) of this section, unless the conduct is covered under some other provision of law providing greater punishment, a person who DRS55064-ML-122A* Page 5 General Assembly Of North Carolina Session 2019 intentionally or recklessly performs or induces, or attempts to perform or induce, an abortion in violation of G.S.
– Except as provided in subsection (b) of this section, unless the conduct is covered under some other provision of law providing greater punishment, a person who Senate Bill 547*-First Edition Page 5 General Assembly Of North Carolina Session 2019 intentionally or recklessly performs or induces, or attempts to perform or induce, an abortion in violation of G.S.
In the absence of the written consent of the woman upon whom an abortion has been performed or induced or upon whom an abortion has Page 6 DRS55064-ML-122A* General Assembly Of North Carolina Session 2019 been attempted to be performed or induced, anyone, other than a public official, who brings an action under subsections (a)or(b)of G.S.
In the absence of the written consent of the woman upon whom an abortion has been performed or induced or upon whom an abortion has Page 6 Senate Bill 547*-First Edition General Assembly Of North Carolina Session 2019 been attempted to be performed or induced, anyone, other than a public official, who brings an action under subsections (a)or(b)of G.S.
DRS55064-ML-122A* Page 7
Senate Bill 547*-First Edition Page 7
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How this bill changes current law

9 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

This bill establishes the Pain Capable Unborn Child Protection Act, prohibiting abortions after a certain gestational age unless specific conditions are met.

  • § 90-21.81

    Article 1L. Pain Capable Unborn Child Protection Act.

    Adds a new article to include the Pain Capable Unborn Child Protection Act.

  • § 90-21.81

    The following definitions apply in this Article: → Definitions. (1) Abortion. – As defined in G.S. 90-21.81.

    Establishes that the definition of abortion applicable in this Article corresponds to the existing definition in G.S. 90-21.81.

  • § 90-21.81

    (5) Medical emergency. - A condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including any psychological or emotional conditions. → (4) Medical emergency. – A determination, using reasonable medical judgment, that the pregnant woman's medical condition necessitates the immediate abortion of an unborn child before determining the postfertilization age of the unborn child in order to avert the pregnant woman's death or a serious risk to the pregnant woman of a substantial and irreversible physical impairment of one or more of her major bodily functions, not including psychological or emotional conditions, which may result from the delay necessary to determine the postfertilization age of the unborn child.

    Modifies the definition of medical emergency in the context of the abortion regulations.

  • § 90-21.81

    (5) Postfertilization age. – The age of the unborn child as calculated from the time of fusion of the human sperm with the human egg.

    Introduces a new definition for postfertilization age relevant to abortion regulation.

  • § 90-21.81

    (6) Probable postfertilization age. – The postfertilization age, in weeks, of the unborn child at the time the abortion of the unborn child is planned to be performed or induced as determined through the use of reasonable medical judgment.

    Adds a definition for determining probable postfertilization age at the time of an abortion.

  • § 90-21.81

    (7) Serious health risk to the unborn child's mother. – That the unborn child's mother is at risk of death or a substantial and irreversible physical impairment of one or more of her major bodily functions, not including psychological or emotional conditions, due to her pregnancy as determined through the use of reasonable medical judgment.

    Defines serious health risk to the mother in the context of the abortion regulation.

  • § 90-21.81

    (8) Unborn child or fetus. – An individual organism of the species homo sapiens from fertilization until live birth.

    Adds a definition for what constitutes an unborn child or fetus.

  • § 90-21.81

    (9) Unborn child's mother. – A pregnant woman of the species homo sapiens regardless of age.

    Introduces a definition for the term 'unborn child's mother'.

  • § 90-21.131

    (a) Prohibition. – A person may not perform or induce, or attempt to perform or induce, the abortion of an unborn child capable of feeling pain unless it is necessary to prevent a serious health risk to the unborn child's mother.

    Establishes a prohibition on performing abortions after a certain gestational age unless specific health risks to the mother are present.

Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 17 co-sponsors · 160 not signed on

Sponsors (2)

  • Krawiec
  • Ballard

Co-sponsors (17)

Not signed on (160)

160 members have not signed on to this bill.

Show all 160 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 547?
SB 547 is sponsored by Bishop, Danny Earl Britt, Jr. (Republican), Warren Daniel (Republican), Gallimore, Harrington, Ralph Hise (Republican), Horner, Tom McInnis (Republican), Newton, Perry, Norman W. Sanderson (Republican), Steinburg, Krawiec, Ballard, Vickie Sawyer (Republican), W. Ted Alexander (Republican), Todd Johnson (Republican), Carl Ford (Republican), and Jim Burgin (Republican).
What is the current status of SB 547?
This bill died with 2019-2020 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 547?
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Last checked for changes 3 months ago · updated continuously

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