Text: S05020 Text: S05022 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2073 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 "Section 1. NEW SECTION. 707.8A PARTIAL-BIRTH
1 5 ABORTION PROHIBITED – EXCEPTIONS – PENALTY.
1 6 1. As used in this section, unless the context
1 7 otherwise requires:
1 8 a. "Abortion" means abortion as defined in section
1 9 146.1.
1 10 b. "Fetus" means a human fetus that has achieved
1 11 viability as defined in section 702.20.
1 12 c. "Intact dilation and extraction procedure"
1 13 means a procedure in which a fetus in utero is
1 14 manipulated to breech position, a partial breech
1 15 delivery is performed leaving the head of the fetus in
1 16 utero, and then the head of the fetus is punctured,
1 17 collapsed, or compressed and delivery of the fetus is
1 18 completed. "Intact dilation and extraction procedure"
1 19 does not include the vacuum aspiration, suction
1 20 aspiration, dilation and curettage, suction curettage,
1 21 induction, or dilation and evacuation procedures.
1 22 d. "Partial-birth abortion" means an abortion
1 23 which is performed using the intact dilation and
1 24 extraction procedure on a fetus.
1 25 2. A person shall not knowingly perform or attempt
1 26 to perform a partial-birth abortion. This prohibition
1 27 shall not apply to a partial-birth abortion that is
1 28 necessary to preserve the life or health of the woman
1 29 upon whom the partial-birth abortion is performed.
1 30 3. This section shall not be construed to create a
1 31 right to an abortion.
1 32 4. a. The woman on whom a partial-birth abortion
1 33 is performed may bring an action against a person
1 34 violating subsection 2 to obtain appropriate relief,
1 35 unless the pregnancy resulted from the plaintiff's
1 36 criminal conduct or the plaintiff consented to the
1 37 partial-birth abortion.
1 38 b. In an action brought under this subsection,
1 39 appropriate relief may include any of the following:
1 40 (1) Statutory damages which are equal to three
1 41 times the cost of the partial-birth abortion.
1 42 (2) Compensatory damages for all injuries,
1 43 psychological and physical, resulting from violation
1 44 of subsection 2.
1 45 5. A person who violates subsection 2 is guilty of
1 46 a class "C" felony.
1 47 6. A woman upon whom a partial-birth abortion is
1 48 performed shall not be prosecuted for violation of
1 49 subsection 2 or for conspiracy to violate subsection
1 50 2.
2 1 7. a. A licensed physician subject to the
2 2 authority of the state board of medical examiners who
2 3 is accused of a violation of subsection 2 may seek a
2 4 hearing before the board on whether the physician's
2 5 conduct was necessary to preserve the life or health
2 6 of the woman upon whom the partial-birth abortion was
2 7 performed.
2 8 b. The board's findings concerning the physician's
2 9 conduct are admissible at the criminal trial of the
2 10 physician. Upon a motion of a physician, the court
2 11 shall delay the beginning of the trial for not more
2 12 than thirty days to permit the hearing before the
2 13 board of medical examiners to take place."
2 14
2 15
2 16
2 17 MARY NEUHAUSER
2 18 SF 2073.201 77
2 19 pf/jl/28
Text: S05020 Text: S05022 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
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