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PAG LIN
1 1 Section 1. NEW SECTION. 707.9A 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 2. A person shall not knowingly perform or attempt to
1 10 perform a partial-birth abortion. This prohibition shall not
1 11 apply to a partial-birth abortion that is necessary to save
1 12 the life of a pregnant person whose life is endangered by a
1 13 physical disorder, physical illness, or physical injury, and
1 14 that no other medical procedure will result in saving the life
1 15 of the pregnant person.
1 16 3. This section shall not be construed to create a right
1 17 to an abortion.
1 18 4. a. The pregnant person on whom a partial-birth
1 19 abortion is performed, the father of the fetus, or a parent or
1 20 legal guardian or custodian of a pregnant person who is less
1 21 than eighteen years of age at the time of the partial-birth
1 22 abortion may bring an action against a person violating this
1 23 section to obtain appropriate relief, unless the pregnancy
1 24 resulted from the plaintiff's criminal conduct or the
1 25 plaintiff consented to the partial-birth abortion.
1 26 b. In an action brought under this subsection, appropriate
1 27 relief may include any of the following:
1 28 (1) Statutory damages which are equal to three times the
1 29 cost of the partial-birth abortion.
1 30 (2) Compensatory damages for all injuries, psychological
1 31 and physical, resulting from violation of this section.
1 32 5. A person who violates subsection 2 is guilty of an
1 33 aggravated misdemeanor.
1 34 6. A pregnant person upon whom a partial-birth abortion is
1 35 performed shall not be prosecuted for violation of subsection
2 1 2 or for conspiracy to violate subsection 2.
2 2 EXPLANATION
2 3 This bill prohibits a person from performing a partial-
2 4 birth abortion. Notwithstanding the prohibition, the bill
2 5 provides that a person may perform a partial-birth abortion,
2 6 if the partial-birth abortion is necessary to save the life of
2 7 the pregnant person whose life is endangered by a physical
2 8 disorder, physical illness, or physical injury and that no
2 9 other medical procedure will save the life of the pregnant
2 10 person.
2 11 The bill defines "abortion" and "partial-birth abortion"
2 12 for the purposes of the bill. The bill also provides that the
2 13 provisions in the bill are not to be construed to create a
2 14 right to an abortion.
2 15 The bill provides that the pregnant person, the father of
2 16 the fetus, or the parent or legal guardian or custodian of a
2 17 pregnant person who is less than 18 years of age at the time
2 18 of the performance of the partial-birth abortion may bring a
2 19 civil action against a person violating the bill for relief
2 20 which includes statutory and compensatory damages.
2 21 A person who performs a partial-birth abortion in violation
2 22 of the bill is guilty of an aggravated misdemeanor which
2 23 carries a maximum sentence of confinement not to exceed two
2 24 years and a fine of at least $500 but not to exceed $5,000.
2 25 The bill excludes the pregnant person upon whom a partial-
2 26 birth abortion is performed from prosecution for violation of
2 27 the bill, or for conspiracy to violate the bill.
2 28 LSB 1488XL 77
2 29 pf/cf/24.2
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