Text: HF02097 Text: HF02099 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 707.8A PARTIAL-BIRTH ABORTION
1 2 PROHIBITED – EXCEPTIONS – PENALTIES.
1 3 1. As used in this section, unless the context otherwise
1 4 requires:
1 5 a. "Abortion" means abortion as defined in section 146.1.
1 6 b. "Partial-birth abortion" means an abortion in which a
1 7 person partially vaginally delivers a living fetus before
1 8 killing the fetus and completing the delivery.
1 9 c. "Vaginally delivers a living fetus before killing the
1 10 fetus" means deliberately and intentionally delivering into
1 11 the vagina a living fetus or a substantial portion of a living
1 12 fetus for the purpose of performing a procedure the person
1 13 knows will kill the fetus, and then killing the fetus.
1 14 2. A person shall not knowingly perform or attempt to
1 15 perform a partial-birth abortion. This prohibition shall not
1 16 apply to a partial-birth abortion that is necessary to prevent
1 17 the death of the mother whose life is endangered by a physical
1 18 disorder, physical illness, or physical injury, if no other
1 19 medical procedure will prevent the death of the mother.
1 20 3. This section shall not be construed to create a right
1 21 to an abortion.
1 22 4. a. The mother of the fetus, the father of the fetus,
1 23 or if the mother is less than eighteen years of age at the
1 24 time of the partial-birth abortion, a maternal grandparent of
1 25 the fetus, may bring an action against a person violating
1 26 subsection 2 to obtain appropriate relief, unless the
1 27 pregnancy resulted from the plaintiff's criminal conduct or
1 28 the plaintiff consented to the partial-birth abortion.
1 29 b. In an action brought under this subsection, appropriate
1 30 relief may include any of the following:
1 31 (1) Statutory damages which are equal to three times the
1 32 cost of the partial-birth abortion.
1 33 (2) Compensatory damages for all injuries, psychological
1 34 and physical, resulting from violation of this section.
1 35 5. A person who violates subsection 2 is guilty of a class
2 1 "C" felony.
2 2 6. A mother upon whom a partial-birth abortion is
2 3 performed shall not be prosecuted for violation of subsection
2 4 2 or for conspiracy to violate subsection 2.
2 5 7. a. A licensed physician subject to the authority of
2 6 the state board of medical examiners who is accused of a
2 7 violation of subsection 2 may seek a hearing before the board
2 8 on whether the physician's conduct was necessary to prevent
2 9 the death of the mother whose life was endangered by a
2 10 physical disorder, physical illness, or physical injury.
2 11 b. The board's findings concerning the physician's conduct
2 12 are admissible at the criminal trial of the physician. Upon a
2 13 motion of the physician, the court shall delay the beginning
2 14 of the trial for not more than thirty days to permit the
2 15 hearing before the board of medical examiners to take place.
2 16 EXPLANATION
2 17 This bill prohibits a person from performing a partial-
2 18 birth abortion. Notwithstanding the prohibition, the bill
2 19 provides that a person may perform a partial-birth abortion,
2 20 if the partial-birth abortion is necessary to prevent the
2 21 death of a mother whose life is endangered by a physical
2 22 disorder, physical illness, or physical injury and no other
2 23 medical procedure will prevent the death of the mother.
2 24 The bill defines "abortion", "partial-birth abortion", and
2 25 "vaginally delivers a living fetus before killing the fetus"
2 26 for the purposes of the bill. The bill also provides that the
2 27 provisions in the bill are not to be construed to create a
2 28 right to an abortion.
2 29 The bill provides that the mother, the father of the fetus,
2 30 or, if the mother is less than 18 years of age at the time of
2 31 the performance of the partial-birth abortion, a maternal
2 32 grandparent of the fetus may bring a civil action against a
2 33 person violating the criminal provisions of the bill for
2 34 relief which includes statutory and compensatory damages.
2 35 A person who performs a partial-birth abortion in violation
3 1 of the bill is guilty of a class "C" felony which carries a
3 2 maximum sentence of confinement not to exceed 10 years and a
3 3 fine of at least $500 but not to exceed $10,000.
3 4 If a licensed physician subject to the authority of the
3 5 board of medical examiners is accused of an offense under the
3 6 bill, the licensed physician may seek a hearing from the board
3 7 as to whether the physician's conduct was necessary in
3 8 preventing the mother's death. Upon the motion of an accused
3 9 licensed physician, the court is to delay the beginning of a
3 10 criminal trial for 30 days to permit the hearing before the
3 11 board.
3 12 The bill excludes the mother upon whom a partial-birth
3 13 abortion is performed from prosecution for violation of the
3 14 bill, or for conspiracy to violate the bill.
3 15 LSB 3228YH 77
3 16 pf/cf/24.2
Text: HF02097 Text: HF02099 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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