United States 117th Congress Status: In Committee 1 R cosponsors

S 4840 — Protecting Pain-Capable Unborn Children from Late-Term Abortions Act

Last action — Read twice and referred to the Committee on the Judiciary.

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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 117th Congress. 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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.

Summary

Protecting Pain-Capable Unborn Children from Late-Term Abortions Act This bill establishes a new criminal offense for performing or attempting to perform an abortion if the probable gestational age of the fetus is 15 weeks or more. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. The bill provides exceptions for an abortion (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends U.S. law to introduce restrictions on abortions after 15 weeks of gestation, establishing federal minimum protections for pain-capable unborn children.

  • 18 U.S.C. § 1532

    Federal minimum protections for pain-capable unborn children

    It establishes a new section regarding protections for pain-capable unborn children.

  • 18 U.S.C. § 1532(a)

    Subject to subsection (g) and notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b).

    It makes it unlawful to perform or attempt an abortion unless specific requirements are met.

  • 18 U.S.C. § 1532(b)

    Minimum Requirements for Abortions.

    It outlines new minimum requirements that must be met before performing an abortion.

  • 18 U.S.C. § 1532(b)(1)

    The physician performing or attempting the abortion shall first make a determination of the probable gestational age of the unborn child or reasonably rely upon such a determination made by another physician.

    It requires physicians to determine or rely on the determination of the gestational age before performing an abortion.

  • 18 U.S.C. § 1532(b)(2)

    Prohibition on performance of certain abortions.

    It introduces prohibitions on performing certain abortions based on gestational age.

  • 18 U.S.C. § 1532(b)(2)(A)

    Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable gestational age, as determined under paragraph (1), of the unborn child is 15 weeks or greater.

    It prohibits abortions for unborn children 15 weeks or older, with exceptions.

  • 18 U.S.C. § 1532(b)(2)(B)

    Subparagraph (A) does not apply if: ... (i) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered ...; (ii) the pregnancy is the result of rape against an adult woman ...; (iii) the pregnancy is the result of rape against a minor ...

    It specifies exceptions where abortions can be performed post-15 weeks gestation.

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"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

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Frequently asked questions

What does S 4840 do?
Protecting Pain-Capable Unborn Children from Late-Term Abortions Act This bill establishes a new criminal offense for performing or attempting to perform an abortion if the probable gestational age of the fetus is 15 weeks or more. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. The bill provides exceptions for an abortion (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.
Who sponsors S 4840?
S 4840 is sponsored by Graham, Lindsey (Republican).
What is the current status of S 4840?
This bill died with 117th Congress. 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 S 4840?
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