Report Title:
Partial Birth Abortion; Prohibition
Description:
Prohibits partial birth abortion. Defines "abortion", "fetus", and "partial birth abortion".
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THE SENATE |
S.B. NO. |
1110 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§453- Performance of partial birth abortion prohibited. (a) Except as otherwise provided in subsection (b), a physician or an individual performing an act, task, or function under the delegatory authority of a physician shall not perform a partial birth abortion, even if the abortion is otherwise permitted by law.
(b) A physician or an individual described in subsection (a) may perform a partial birth abortion if the physician or other individual reasonably believes that performing the partial birth abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury and that no other medical procedure will accomplish that purpose.
(c) This section does not create a right to abortion.
(d) Notwithstanding any other part of this section, a person shall not perform an abortion that is prohibited by law.
(e) As used in this section:
"Abortion":
(1) Means the intentional use of an instrument, drug, or other substance or device to terminate a woman's pregnancy for a purpose other than to:
(A) Increase the probability of a live birth;
(B) Preserve the life or health of the child after live birth; or
(C) Remove a dead fetus; and
(2) Does not include a procedure to complete a spontaneous abortion or the use or prescription of a drug or device intended as a contraceptive.
"Fetus" means an individual organism of the species homo sapiens at any time before complete delivery from a pregnant woman.
"Partial birth abortion" means an abortion in which the physician or individual acting under the delegatory authority of the physician performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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