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House Journal: Page 281: Wednesday, February 18, 1998

H-8061

 1     Amend Senate File 2073, as passed by the Senate, as
 2   follows:
 3     1.  By striking everything after the enacting
 4   clause and inserting the following:
 5     "Section 1.  NEW SECTION.  707.8A  PARTIAL-BIRTH
 6   ABORTION PROHIBITED - EXCEPTIONS - PENALTY.
 7     1.  As used in this section, unless the context
 8   otherwise requires:
 9     a.  "Abortion" means abortion as defined in section
10   146.1.
11     b.  "Fetus" means a human fetus that has achieved
12   viability as defined in section 702.20.
13     c.  "Intact dilation and extraction procedure"
14   means a procedure in which a fetus in utero is
15   manipulated to breech position, a partial breech
16   delivery is performed leaving the head of the fetus in
17   utero, and then the head of the fetus is punctured,
18   collapsed, or compressed and delivery of the fetus is
19   completed.  "Intact dilation and extraction procedure"
20   does not include the vacuum aspiration, suction
21   aspiration, dilation and curettage, suction curettage,
22   induction, or dilation and evacuation procedures.
23     d.  "Partial-birth abortion" means an abortion
24   which is performed using the intact dilation and
25   extraction procedure on a fetus.
26     2.  A person shall not knowingly perform or attempt
27   to perform a partial-birth abortion.  This prohibition
28   shall not apply to a partial-birth abortion that is
29   necessary to preserve the life or health of the woman
30   upon whom the partial-birth abortion is performed.
31     3.  This section shall not be construed to create a
32   right to an abortion.
33     4.  a.  The woman on whom a partial-birth abortion
34   is performed may bring an action against a person
35   violating subsection 2 to obtain appropriate relief,
36   unless the pregnancy resulted from the plaintiff's
37   criminal conduct or the plaintiff consented to the
38   partial-birth abortion.
39     b.  In an action brought under this subsection,
40   appropriate relief may include any of the following:
41     (1)  Statutory damages which are equal to three
42   times the cost of the partial-birth abortion.
43     (2)  Compensatory damages for all injuries,
44   psychological and physical, resulting from violation
45   of subsection 2.
46     5.  A person who violates subsection 2 is guilty of
47   a class "C" felony.
48     6.  A woman upon whom a partial-birth abortion is
49   performed shall not be prosecuted for violation of
50   subsection 2 or for conspiracy to violate subsection

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