REPORT TITLE:
Partial-Birth Abortion Ban


DESCRIPTION:
Prohibits partial-birth abortions.  Defines partial-birth
abortion.  Provides penalties.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2139
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO PARTIAL-BIRTH ABORTIONS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5                      PARTIAL-BIRTH ABORTION
 
 6      §   -1 Partial-birth abortions prohibited.  Any physician
 
 7 who knowingly performs a partial-birth abortion and thereby kills
 
 8 a human fetus commits a class C felony and shall be fined under
 
 9 this chapter or imprisoned, or both; provided that imprisonment
 
10 shall not exceed two years.  This chapter shall not apply to a
 
11 partial-birth abortion that is necessary to save the life of a
 
12 mother whose life is endangered by a physical disorder, illness,
 
13 or injury.  This section shall become effective one day after the
 
14 effective date of this chapter.
 
15      §   -2 Definitions.  As used in this chapter, unless the
 
16 context otherwise requires:
 
17      "Abortion" means the intentional interruption of a pregnancy
 
18 by the application of external agents, whether chemical or
 
19 physical, or by the ingestion of chemical agents with an
 
20 intention other than to produce a live birth or to remove a dead
 

 
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                                     S.B. NO.           2139
                                                        
                                                        

 
 1 fetus.
 
 2      "Partial-birth abortion" means an abortion in which the
 
 3 physician performing the abortion partially vaginally delivers a
 
 4 living fetus before killing the fetus and completing the
 
 5 delivery.
 
 6      "Partially vaginally delivers a living fetus before killing
 
 7 the fetus" means deliberately and intentionally delivering into
 
 8 the vagina a living fetus, or a substantial portion of a living
 
 9 fetus, for the purpose of performing a procedure the physician
 
10 knows will kill the fetus, and killing the fetus.
 
11      "Physician" means a doctor of medicine under chapter 453, or
 
12 osteopathy under chapter 460, licensed to practice in this State
 
13 in which the doctor performs such activity, or any other
 
14 individual legally authorized by the State to perform abortions;
 
15 provided that any individual who is not a physician or not
 
16 otherwise legally authorized by the State to perform abortions,
 
17 but who nevertheless directly performs a partial-birth abortion,
 
18 shall be subject to this chapter.
 
19      §   -3 Civil action; relief.  The father, if married to the
 
20 mother at the time she receives a partial-birth abortion
 
21 procedure, if the mother has not attained the age of eighteen
 
22 years at the time of the abortion, and the maternal grandparents
 
23 of the fetus, may obtain appropriate relief in a civil action
 

 
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                                     S.B. NO.           2139
                                                        
                                                        

 
 1 unless the pregnancy resulted from the plaintiff's criminal
 
 2 conduct or the plaintiff consented to the abortion.  Such relief
 
 3 shall include:
 
 4      (1)  Money damages for all injuries, psychological and
 
 5           physical, occasioned by the violation of this chapter;
 
 6           and
 
 7      (2)  Statutory damages equal to three times the cost of the
 
 8           partial-birth abortion.
 
 9      §   -4  Hearing.  A defendant accused of an offense under
 
10 this chapter may seek a hearing before the board of medical
 
11 examiners on whether the physician's conduct was necessary to
 
12 save the life of the mother whose life was endangered by a
 
13 physical disorder, illness, or injury.  The findings on that
 
14 issue are admissible on that issue at the trial of the defendant.
 
15 Upon a motion of the defendant, the court shall delay the
 
16 beginning of the trial for not more than thirty days to permit
 
17 such a hearing to take place.
 
18      §   -5  Prosecution of woman prohibited.  A woman upon whom
 
19 a partial-birth abortion is performed may not be prosecuted under
 
20 this chapter for a conspiracy to violate this chapter."
 
21      SECTION 2.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY:  _______________________