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(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Pain-Capable Unborn Child Protection Act
(Sec. 3) This bill amends the federal criminal code to make it a crime for any person to perform or attempt to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more. A violator is subject to criminal penalties—a fine, up to five years in prison, 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. A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates the provisions of this bill.
Written by the nonpartisan Congressional Research Service, describing H.R. 36 as passed House without amendment on Oct 3, 2017. It is not the text of the measure; a later amendment may have changed what it does.
Oct 3, 2017Each bar: ✓ Yea from the bottom, ✕ Nay aboveOct 3, 2017
House Oct 3, 2017 · the primary vote
Pain-Capable Unborn Child Protection Act
Passed
237 Yea 189 Nay 7 not voting
Party-line vote 5 of 426 voting members broke with their own party: 3 Democrats, 2 Republicans.
DemocratsRepublicansFilled: YeaRing: NayGrey: not voting or present
433 members on this roll call, from the official House record. Party majorities need at least five voting members, so an independent never counts as breaking with a party.
Signing on is not a vote: a member can cosponsor H.R. 36 and vote against it. 0 signed when it was filed.
Organizations that named H.R. 36 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.
41 disclosures name this measure. Retrieved from LDA.gov on 2026-10-05. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.