1.1.................... moves to amend H.F. No. 2414, the first engrossment, as follows:
1.2Page 749, after line 19, insert:

1.3    "Sec. .... [145.4141] DEFINITIONS.
1.4    Subdivision 1. Scope. For purposes of sections 145.4141 to 145.4146, the following
1.5terms have the meanings given them.
1.6    Subd. 2. Abortion. "Abortion" means the use or prescription of any instrument, medicine,
1.7drug, or any other substance or device to terminate the pregnancy of a woman known to be
1.8pregnant, with an intention other than to increase the probability of a live birth; to preserve
1.9the life or health of the child after live birth; or to remove a dead unborn child who died as
1.10the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant
1.11woman or her unborn child; and which causes the premature termination of the pregnancy.
1.12    Subd. 3. Attempt to perform or induce an abortion. "Attempt to perform or induce
1.13an abortion" means an act, or an omission of a statutorily required act, that, under the
1.14circumstances as the actor believes them to be, constitutes a substantial step in a course of
1.15conduct planned to culminate in the performance or induction of an abortion in this state in
1.16violation of sections 145.4141 to 145.4146.
1.17    Subd. 4. Fertilization. "Fertilization" means the fusion of a human spermatozoon with
1.18a human ovum.
1.19    Subd. 5. Medical emergency. "Medical emergency" means a condition that, in reasonable
1.20medical judgment, so complicates the medical condition of the pregnant woman that it
1.21necessitates the immediate abortion of her pregnancy without first determining
1.22postfertilization age to avert her death or for which the delay necessary to determine
1.23postfertilization age will create serious risk of substantial and irreversible physical impairment
1.24of a major bodily function not including psychological or emotional conditions. No condition
2.1shall be deemed a medical emergency if based on a claim or diagnosis that the woman will
2.2engage in conduct which she intends to result in her death or in substantial and irreversible
2.3physical impairment of a major bodily function.
2.4    Subd. 6. Physician. "Physician" means any person licensed to practice medicine and
2.5surgery or osteopathic medicine and surgery in this state.
2.6    Subd. 7. Postfertilization age. "Postfertilization age" means the age of the unborn child
2.7as calculated from the fusion of a human spermatozoon with a human ovum.
2.8    Subd. 8. Probable postfertilization age of the unborn child. "Probable postfertilization
2.9age of the unborn child" means what, in reasonable medical judgment, will with reasonable
2.10probability be the postfertilization age of the unborn child at the time the abortion is planned
2.11to be performed or induced.
2.12    Subd. 9. Reasonable medical judgment. "Reasonable medical judgment" means a
2.13medical judgment that would be made by a reasonably prudent physician knowledgeable
2.14about the case and the treatment possibilities with respect to the medical conditions involved.
2.15    Subd. 10. Unborn child or fetus. "Unborn child" or "fetus" means an individual organism
2.16of the species homo sapiens from fertilization until live birth.
2.17    Subd. 11. Woman. "Woman" means a female human being whether or not she has
2.18reached the age of majority.

2.19    Sec. .... [145.4142] LEGISLATIVE FINDINGS.
2.20(a) The legislature makes the following findings.
2.21(b) Pain receptors (nociceptors) are present throughout an unborn child's entire body
2.22and nerves link these receptors to the brain's thalamus and subcortical plate by 20 weeks.
2.23(c) By eight weeks after fertilization, an unborn child reacts to touch. After 20 weeks
2.24an unborn child reacts to stimuli that would be recognized as painful if applied to an adult
2.25human, for example by recoiling.
2.26(d) In the unborn child, application of such painful stimuli is associated with significant
2.27increases in stress hormones known as the stress response.
2.28(e) Subjection to such painful stimuli is associated with long-term harmful
2.29neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional,
2.30behavioral, and learning disabilities later in life.
3.1(f) For the purposes of surgery on an unborn child, fetal anesthesia is routinely
3.2administered and is associated with a decrease in stress hormones compared to the level
3.3when painful stimuli is applied without anesthesia.
3.4(g) The position, asserted by some medical experts, that an unborn child is incapable of
3.5experiencing pain until a point later in pregnancy than 20 weeks after fertilization
3.6predominately rests on the assumption that the ability to experience pain depends on the
3.7cerebral cortex and requires nerve connections between the thalamus and the cortex.
3.8However, recent medical research and analysis, especially since 2007, provides strong
3.9evidence for the conclusion that a functioning cortex is not necessary to experience pain.
3.10(h) Substantial evidence indicates that children born missing the bulk of the cerebral
3.11cortex, those with hydranencephaly, nevertheless experience pain.
3.12(i) In adults, stimulation or ablation of the cerebral cortex does not alter pain perception,
3.13while stimulation or ablation of the thalamus does.
3.14(j) Substantial evidence indicates that structures used for pain processing in early
3.15development differ from those of adults, using different neural elements available at specific
3.16times during development, such as the subcortical plate, to fulfill the role of pain processing.
3.17(k) The position asserted by some medical experts, that the unborn child remains in a
3.18coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with
3.19the documented reaction of unborn children to painful stimuli and with the experience of
3.20fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to
3.21prevent the unborn child from thrashing about in reaction to invasive surgery.
3.22(l) Consequently, there is substantial medical evidence that an unborn child is capable
3.23of experiencing pain by 20 weeks after fertilization.
3.24(m) It is the purpose of the state to assert a compelling state interest in protecting the
3.25lives of unborn children from the stage at which substantial medical evidence indicates that
3.26they are capable of feeling pain.

3.27    Sec. .... [145.4143] DETERMINATION OF POSTFERTILIZATION AGE.
3.28    Subdivision 1. Determination of postfertilization age. Except in the case of a medical
3.29emergency, no abortion shall be performed or induced or be attempted to be performed or
3.30induced unless the physician performing or inducing it has first made a determination of
3.31the probable postfertilization age of the unborn child or relied upon such a determination
3.32made by another physician. In making such a determination, the physician shall make those
3.33inquiries of the woman and perform or cause to be performed those medical examinations
4.1and tests that a reasonably prudent physician, knowledgeable about the case and the medical
4.2conditions involved, would consider necessary to perform in making an accurate diagnosis
4.3with respect to postfertilization age.
4.4    Subd. 2. Unprofessional conduct. Failure by any physician to conform to any
4.5requirement of this section constitutes unprofessional conduct under section 147.091,
4.6subdivision 1, paragraph (k).

4.7    Sec. .... [145.4144] ABORTION OF UNBORN CHILD OF 20 OR MORE WEEKS
4.8POSTFERTILIZATION AGE PROHIBITED; CAPABLE OF FEELING PAIN.
4.9    Subdivision 1. Abortion prohibition; exemption. No person shall perform or induce
4.10or attempt to perform or induce an abortion upon a woman when it has been determined,
4.11by the physician performing or inducing or attempting to perform or induce the abortion,
4.12or by another physician upon whose determination that physician relies, that the probable
4.13postfertilization age of the woman's unborn child is 20 or more weeks unless, in reasonable
4.14medical judgment, she has a condition which so complicates her medical condition as to
4.15necessitate the abortion of her pregnancy to avert her death or to avert serious risk of
4.16substantial and irreversible physical impairment of a major bodily function, not including
4.17psychological or emotional conditions. No such condition shall be deemed to exist if it is
4.18based on a claim or diagnosis that the woman will engage in conduct which she intends to
4.19result in her death or in substantial and irreversible physical impairment of a major bodily
4.20function.
4.21    Subd. 2. When abortion not prohibited. When an abortion upon a woman whose
4.22unborn child has been determined to have a probable postfertilization age of 20 or more
4.23weeks is not prohibited by this section, the physician shall terminate the pregnancy in the
4.24manner which, in reasonable medical judgment, provides the best opportunity for the unborn
4.25child to survive unless, in reasonable medical judgment, termination of the pregnancy in
4.26that manner would pose a greater risk either of the death of the pregnant woman or of the
4.27substantial and irreversible physical impairment of a major bodily function, not including
4.28psychological or emotional conditions, of the woman than would other available methods.
4.29No such greater risk shall be deemed to exist if it is based on a claim or diagnosis that the
4.30woman will engage in conduct which she intends to result in her death or in substantial and
4.31irreversible physical impairment of a major bodily function.

5.1    Sec. .... [145.4145] ENFORCEMENT.
5.2    Subdivision 1. Criminal penalties. A person who intentionally or recklessly performs
5.3or induces or attempts to perform or induce an abortion in violation of sections 145.4141
5.4to 145.4146 shall be guilty of a felony. No penalty may be assessed against the woman upon
5.5whom the abortion is performed or induced or attempted to be performed or induced.
5.6    Subd. 2. Civil remedies. (a) A woman upon whom an abortion has been performed or
5.7induced in violation of sections 145.4141 to 145.4146, or the father of the unborn child who
5.8was the subject of such an abortion, may maintain an action against the person who performed
5.9or induced the abortion in intentional or reckless violation of sections 145.4141 to 145.4146
5.10for damages. A woman upon whom an abortion has been attempted in violation of sections
5.11145.4141 to 145.4146 may maintain an action against the person who attempted to perform
5.12or induce the abortion in an intentional or reckless violation of sections 145.4141 to 145.4146
5.13for damages.
5.14(b) A cause of action for injunctive relief against a person who has intentionally violated
5.15sections 145.4141 to 145.4146 may be maintained by the woman upon whom an abortion
5.16was performed or induced or attempted to be performed or induced in violation of sections
5.17145.4141 to 145.4146; by a person who is the father of the unborn child subject to an
5.18abortion, parent, sibling, or guardian of, or a current or former licensed health care provider
5.19of, the woman upon whom an abortion has been performed or induced or attempted to be
5.20performed or induced in violation of sections 145.4141 to 145.4146; by a county attorney
5.21with appropriate jurisdiction; or by the attorney general. The injunction shall prevent the
5.22abortion provider from performing or inducing or attempting to perform or induce further
5.23abortions in this state in violation of sections 145.4141 to 145.4146.
5.24(c) If judgment is rendered in favor of the plaintiff in an action described in this section,
5.25the court shall also render judgment for reasonable attorney fees in favor of the plaintiff
5.26against the defendant.
5.27(d) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's
5.28suit was frivolous and brought in bad faith, the court shall also render judgment for reasonable
5.29attorney fees in favor of the defendant against the plaintiff.
5.30(e) No damages or attorney fees may be assessed against the woman upon whom an
5.31abortion was performed or induced or attempted to be performed or induced except according
5.32to paragraph (d).

6.1    Sec. .... [145.4146] PROTECTION OF PRIVACY IN COURT PROCEEDINGS.
6.2In every civil or criminal proceeding or action brought under the Pain-Capable Unborn
6.3Child Protection Act, the court shall rule on whether the anonymity of a woman upon whom
6.4an abortion has been performed or induced or attempted to be performed or induced shall
6.5be preserved from public disclosure if she does not give her consent to such disclosure. The
6.6court, upon motion or sua sponte, shall make such a ruling and, upon determining that her
6.7anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and
6.8shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing
6.9rooms to the extent necessary to safeguard her identity from public disclosure. Each such
6.10order shall be accompanied by specific written findings explaining why the anonymity of
6.11the woman should be preserved from public disclosure, why the order is essential to that
6.12end, how the order is narrowly tailored to serve that interest, and why no reasonable, less
6.13restrictive alternative exists. In the absence of written consent of the woman upon whom
6.14an abortion has been performed or induced or attempted to be performed or induced, anyone,
6.15other than a public official, who brings an action under section 145.4145, subdivision 2,
6.16shall do so under a pseudonym. This section may not be construed to conceal the identity
6.17of the plaintiff or of witnesses from the defendant or from attorneys for the defendant."
6.18Page 788, after line 11, insert:

6.19    "Sec. .... SHORT TITLE.
6.20Minnesota Statutes, section 145.4141 to 145.4146 may be cited as the "Pain-Capable
6.21Unborn Child Protection Act.""
6.22Renumber the sections in sequence and correct the internal references
6.23Amend the title accordingly