Pain-Capable Unborn Child Protection Act (SF2841) Summary

• Prohibits abortions at or after 20 weeks postfertilization age unless necessary to prevent the woman's death or serious risk of substantial and irreversible physical impairment of a major bodily function (excluding psychological or emotional conditions).

• Requires physicians to determine probable postfertilization age before performing an abortion except in medical emergencies, using inquiries, medical examinations, and tests that a reasonably prudent physician would consider necessary.

• Establishes criminal penalties as felonies for intentionally or recklessly violating the abortion restrictions, with no penalties assessed against the woman; exempts the pregnant woman from criminal liability.

• Creates civil remedies allowing the woman or father of the unborn child to sue for damages and allowing various parties (including the woman, father, parents, siblings, guardians, health care providers, county attorneys, or the attorney general) to seek injunctive relief to prevent future violations.

• Creates a litigation account in the special revenue fund to pay costs and expenses incurred by the state attorney general in defending against legal challenges to the law.