LINCOLN---Tuesday's first round floor debate and passage of Legislative Bill 1103 was hailed by Nebraska Right to Life for its innovative approach to ban abortions performed on unborn babies who have been medically documented as pain-capable at 20 weeks gestation. The vote in the Senate on the "Pain-Capable Unborn Child Protection Act" was 38-5. LB 1103 now advances to a second round of debate.

Nebraska's unicameral legislature contains one house, made up of 49 state senators. Twenty-five votes are necessary to pass legislation.

Nebraska State Senator and Speaker of the Legislature Mike Flood

Sponsored by Nebraska State Senator and Speaker of the Legislature Mike Flood, LB 1103 would prohibit abortions other than in cases of a medical emergency after the unborn child is capable of feeling pain. The bill defines this as occurring at twenty weeks, which is the medical consensus.

"In Nebraska we don't treat livestock or the family pets in the manner that unborn children are treated, particularly those who are 20 weeks gestation and older who are aborted at LeRoy Carhart's abortion facility in Bellevue," said Julie Schmit-Albin, Executive Director of Nebraska Right to Life. "By his own admission Carhart does hundreds of late term abortions a year. LB 1103 would go a long way in averting late term abortions done on babies 20 weeks and older who can feel pain."

Schmit-Albin added, "We applaud Speaker Mike Flood and his staff for their efforts to bring LB 1103 to the full Legislature and are pleased that it passed first round debate on a vote of 38 to 5."

She noted that there are still challenges ahead. "Of course our adversaries would love to nullify the intent of LB 1103 with weakening amendments on the medical emergency exception or fetal anomaly situations" Schmit-Albin explained that "Nebraska's current post-viability statute has that kind of broad health exception which you could drive a truck through and which has allowed Carhart to do abortions through the third trimester. Our current statute is completely useless in addressing the new documentation of when unborn babies feel pain. Toward that end we will urge senators to reject any further weakening amendments and pass LB 1103 with the original provisions intact."

Part One