H.R. 1122 (ih) To amend title 18, United States Code, to ban partial-birth abortions. ...

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        H.R.1122

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 An Act


 
 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 
1997''.

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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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