House to take up revised anti-abortion bill

Bill Theobald | USA TODAY

WASHINGTON — A revised bill authored by Republican Rep. Trent Franks of Arizona that would ban abortions after 20 weeks is expected to be debated and voted on Wednesday in the House.

The legislation originally was to come to the House floor in January. But it was pulled from consideration by House GOP leaders after some fellow Republicans objected the legislation was too restrictive and would turn off voters.

Franks' bill provides exceptions if the life of the woman is threatened and in cases of rape and incest. Concerns were raised about the requirement in the original legislation that a woman would have to report the rape or incest to law enforcement in order for the exceptions to apply.

The revised legislation requires that before an adult who was raped can get an abortion she must obtain counseling or medical treatment at least 48 hours before the abortion. In the case of rape or incest involving a minor, the revised legislation requires the rape be reported at any time prior to the abortion to a government agency responsible for child abuse or to a law enforcement agency.

The revised bill also requires that when abortions are performed in cases where exceptions apply, that a second physician who is an expert in neonatal resuscitation be present in case the child is born alive.

The new legislation also sets out how civil lawsuits can be filed against health care providers who perform abortions in violation of its provisions.

"I am grateful to all who have worked so hard to craft language that will now unite the pro-life base in a positive and effective way," Franks said last week when the revised bill was unveiled.

Consideration of the bill had originally been timed to the 42nd anniversary of the Roe v. Wade Supreme Court decision that legalized abortion.

The bill calls for the 20-week limit after fertilization based on the belief that the fetus can begin to feel pain at that point in development. Opponents cite a comprehensive review of research on the subject of fetal pain published in the Journal of the American Medical Association in 2005. It concluded fetal perception of pain is unlikely before the third trimester.

But proponents say other studies suggest pain can be felt earlier.

A similar bill sponsored by the Arizona Republican was passed by the House in June 2013 but stalled in the Senate. Franks said Sen. Lindsey Graham, R-S.C., has agreed to introduce a companion bill in the Senate, although it has not yet been filed.

When Franks' bill was first introduced, the Obama administration released a statement saying the president would veto the legislation if it reached his desk.

In May 2013 a federal appeals court ruled a similar Arizona law unconstitutional. In January 2014, the Supreme Court refused to hear an appeal in the case.

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