S 928 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:
1531'.
END