HB843.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	843
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to health.

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

SECTION 1. The legislature finds that gruesome abortion procedures are currently being practiced out of convenience, rather than out of a necessity to save the lives of mothers. The legislature further recognizes the need to limit abortions so that it becomes a rare and unnecessary procedure, and that the preservation of life is of paramount concern to the State.

The purpose of this Act is to foster and develop a culture of life, rather than death by a gruesome means, in the State of Hawaii.

SECTION 2. Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§453- Partial-birth abortions; prohibited. (a) Notwithstanding any other law to the contrary, any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be sentenced to a term of imprisonment of not more than two years, fined pursuant to subsection (c), or both. This subsection does not apply to a partial-birth abortion that is necessary to save a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition arising from the pregnancy itself.

(b) For the purposes of this section:

"Partial-birth abortion" means an abortion in which the person performing the abortion:

(1) Delivers a living fetus until the entire fetal head is outside the body of the mother in the case of a head-first presentation or any part of the fetal trunk above the navel is outside the body of the mother in the case of breech presentation, with the intention of killing the partially delivered living fetus; or

(2) Performs an overt act, other than completion of delivery, that kills the partially delivered living fetus.

"Physician" means a doctor of medicine or osteopathy licensed to practice medicine and surgery by the State, or any other individual legally authorized by the State to perform abortions; provided 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.

(1) The father of the human fetus if he is married to the mother at the time she receives the partial-birth abortion procedure; and

(2) The maternal grandparents of the human fetus if the mother of the human fetus has not attained the age of eighteen.

Relief in the civil action shall include monetary damages for physical injuries and emotional distress caused by the violation of this section and statutory damages equal to three times the cost of the partial-birth abortion.

(d) A physician accused of a violation under this section may seek a hearing before the state medical board on whether the physician's conduct was necessary to save the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. The board's findings on this issue shall be admissible in any legal proceeding in which the physician's violation of this section is an issue. Upon motion by the physician accused of a violation of this section, the court shall delay the legal proceeding for not more than thirty days to permit a hearing before the medical board to be held.

(e) A woman upon whom a partial-birth abortion is performed shall not be prosecuted under this section or for a conspiracy to violate this section."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________