Partial-Birth Abortion Ban Act of 1999 - Amends the Federal criminal code to prohibit any physician from knowingly performing a partial-birth abortion in or affecting interstate or foreign commerce, unless it is necessary to save the life of the mother. Prescribes penalties.
Defines a "partial birth abortion" as an abortion in which a person, deliberately and intentionally, partially vaginally delivers a living fetus before killing the fetus and completing the delivery.
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. 928 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 928
To amend title 18, United States Code, to ban partial-birth abortions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 1999
Mr. Santorum (for himself, Mr. Smith of New Hampshire, Mr. Lott, Mr.
Abraham, Mr. Allard, Mr. Ashcroft, Mr. Bond, Mr. Brownback, Mr.
Bunning, Mr. Burns, Mr. Cochran, Mr. Craig, Mr. Crapo, Mr. DeWine, Mr.
Domenici, Mr. Enzi, Mr. Fitzgerald, Mr. Frist, Mr. Gorton, Mr. Gramm,
Mr. Grams, Mr. Grassley, Mr. Hagel, Mr. Hatch, Mr. Helms, Mr.
Hutchinson, Mr. Inhofe, Mr. Kyl, Mr. Lugar, Mr. Mack, Mr. McCain, Mr.
McConnell, Mr. Murkowski, Mr. Nickles, Mr. Roberts, Mr. Sessions, Mr.
Shelby, Mr. Smith of Oregon, Mr. Thomas, Mr. Thurmond, Mr. Voinovich,
and Mr. Warner) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
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, the 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''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4461-4462)
Read twice and referred to the Committee on Judiciary.
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