Defines a "partial birth abortion" as an abortion in which the person performing the abortion deliberately and intentionally: (1) vaginally delivers some portion of an intact living fetus until the fetus is partially outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the fetus while the fetus is partially outside the mother's body; and (2) performs the overt act that kills the fetus while the intact living fetus is partially outside the mother's body.
Authorizes the father, if married to the mother at the time of the abortion, and the maternal grandparents of the fetus, if the mother is under 18 years of age, to obtain specified relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.
Authorizes a defendant accused of an offense under this Act to seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother.
Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1692 Placed on Calendar Senate (PCS)]
Calendar No. 300
106th CONGRESS
1st Session
S. 1692
To amend title 18, United States Code, to ban partial-birth abortions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 5, 1999
Mr. Santorum (for himself, Mr. Smith of New Hampshire, Mr. Abraham, Mr.
Ashcroft, Mr. Brownback, Mr. Burns, Mr. Craig, Mr. DeWine, Mr. Enzi,
Mr. Frist, Mr. Gramm, Mr. Grassley, Mr. Hatch, Mr. Hutchinson, Mr. Kyl,
Mr. Mack, Mr. McConnell, Mr. Nickles, Mr. Sessions, Mr. Smith of
Oregon, Mr. Thurmond, Mr. Warner, Mr. Bennett, Mr. Lott, Mr. Allard,
Mr. Bond, Mr. Bunning, Mr. Cochran, Mr. Crapo, Mr. Domenici, Mr.
Fitzgerald, Mr. Gorton, Mr. Grams, Mr. Hagel, Mr. Helms, Mr. Inhofe,
Mr. Lugar, Mr. McCain, Mr. Murkowski, Mr. Roberts, Mr. Shelby, Mr.
Thomas, Mr. Voinovich, and Mr. Coverdell) introduced the following
bill; which was read the first time
October 6, 1999
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to ban partial-birth abortions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Partial-Birth Abortion Ban Act of
1999''.
SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABORTIONS.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 73 the following:
``CHAPTER 74--PARTIAL-BIRTH ABORTIONS
``Sec.
``1531. Partial-birth abortions prohibited.
``Sec. 1531. Partial-birth abortions prohibited
``(a) Any physician who, in or affecting interstate or foreign
commerce, knowingly performs a partial-birth abortion and thereby kills
a human fetus shall be fined under this title or imprisoned not more
than two years, or both. This paragraph shall not apply to a partial-
birth abortion that is necessary to save the life of a mother whose
life is endangered by a physical disorder, illness, or injury. This
paragraph shall become effective one day after enactment.
``(b)(1) As used in this section, the term `partial-birth abortion'
means an abortion in which the person performing the abortion partially
vaginally delivers a living fetus before killing the fetus and
completing the delivery.
``(2) As used in this section, the term `physician' means a doctor
of medicine or osteopathy legally authorized to practice medicine and
surgery by the State in which the doctor performs such activity, or any
other individual legally authorized by the State to perform abortions:
Provided, however, That any individual who is not a physician or not
otherwise legally authorized by the State to perform abortions, but who
nevertheless directly performs a partial-birth abortion, shall be
subject to the provisions of this section.
``(3) As used in this section, term `vaginally delivers a living
fetus before killing the fetus' means deliberately and intentionally
delivers into the vagina a living fetus, or a substantial portion
thereof, for the purpose of performing a procedure the physician knows
will kill the fetus, and kills the fetus.
``(c)(1) The father, if married to the mother at the time she
receives a partial-birth abortion procedure, and if the mother has not
attained the age of 18 years at the time of the abortion, the maternal
grandparents of the fetus, may in a civil action obtain appropriate
relief, unless the pregnancy resulted from the plaintiff's criminal
conduct or the plaintiff consented to the abortion.
``(2) Such relief shall include--
``(A) money damages for all injuries, psychological and
physical, occasioned by the violation of this section; and
``(B) statutory damages equal to three times the cost of
the partial-birth abortion.
``(d)(1) A defendant accused of an offense under this section may
seek a hearing before the State Medical Board on whether the
physician's conduct was necessary to save the life of the mother whose
life was endangered by a physical disorder, illness or injury.
``(2) The findings on that issue are admissible on that issue at
the trial of the defendant. Upon a motion of the defendant, the court
shall delay the beginning of the trial for not more than 30 days to
permit such a hearing to take place.
``(e) A woman upon whom a partial-birth abortion is performed may
not be prosecuted under this section, for a conspiracy to violate this
section, or for an offense under section 2, 3, or 4 of this title based
on a violation of this section.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 73 the following new item:
``74. Partial-birth abortions............................... 1531''.
Calendar No. 300
106th CONGRESS
1st Session
S. 1692
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to ban partial-birth abortions.
_______________________________________________________________________
October 6, 1999
Read the second time and placed on the calendar
Passed/agreed to in Senate: Passed Senate as modified and with amendments by Yea-Nay Vote. 63-34. Record Vote No: 340.(text of measure as passed in Senate: CR S12997; text of measure as modified in Senate: CR S12980)
Roll Call #340 (Senate)Passed Senate as modified and with amendments by Yea-Nay Vote. 63-34. Record Vote No: 340. (text of measure as passed in Senate: CR S12997; text of measure as modified in Senate: CR S12980)
Roll Call #340 (Senate)Received in the House.
Message on Senate action sent to the House.
Held at the desk.
Considered under the provisions of rule H. Res. 457. (consideration: CR H3829-3830)
Rule provides for consideration of H.R. 3660 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. After passage of H.R. 3660, it shall be in order to take from the Speaker's table the bill S. 1692 and to consider the bill in the House. It shall be in order to move to strike all after the enacting clause of S. 1692 and insert the provisions of H.R. 3660 as passed by the House. All points of order against the motion to strike and insert are waived. If the motion is adopted and the Senate bill,
The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 3660. Agreed to without objection.
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Passed/agreed to in House: On passage Passed without objection.(text: CR H3829)
On passage Passed without objection. (text: CR H3829)
Motion to reconsider laid on the table Agreed to without objection.
Mr. Canady asked unanimous consent that the House insist upon its amendment, and request a conference.
On motion that the House insist upon its amendment, and request a conference Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
Mr. Conyers moved that the House instruct conferees.
DEBATE - The House proceeded with one hour of debate on the motion to instruct conferees. The instructions contained in the motion require the managers on the part of the House to meet promptly with the managers on the part of the Senate on all issues committted to conference.
On motion that the House instruct conferees Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
The Speaker appointed conferees: Hyde, Canady, Goodlatte, Conyers, and Watt (NC).
Message on House action received in Senate and at desk: House amendment to Senate bill and House requests a conference.