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NEBRASKA STATUTES AND CODES

28-3,104 Legislative findings.

28-3,104. Legislative findings.The Legislaturemakes the following findings:(1) At leastby twenty weeks after fertilization there is substantial evidence that anunborn child has the physical structures necessary to experience pain;(2) There issubstantial evidence that, by twenty weeks after fertilization, unborn childrenseek to evade certain stimuli in a manner which in an infant or an adult wouldbe interpreted as a response to pain;(3) Anesthesia is routinely administeredto unborn children who have developed twenty weeks or more past fertilizationwho undergo prenatal surgery;(4) Even before twenty weeks after fertilization,unborn children have been observed to exhibit hormonal stress responses topainful stimuli. Such responses were reduced when pain medication was administereddirectly to such unborn children; and(5) It is the purpose of the State of Nebraskato assert a compelling state interest in protecting the lives of unborn childrenfrom the stage at which substantial medical evidence indicates that they arecapable of feeling pain. SourceLaws 2010, LB1103, ยง 3.Operative Date: October 15, 2010

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