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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