Home > 106th Congressional Bills > S. 1692 (pcs) To amend title 18, United States Code, to ban partial-birth abortions. [Placed on Calendar Senate] ...S. 1692 (pcs) To amend title 18, United States Code, to ban partial-birth abortions. [Placed on Calendar Senate] ...
106th CONGRESS
1st Session
S. 1692
_______________________________________________________________________
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
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
deliberately and intentionally--
``(A) vaginally delivers some portion of an intact living
fetus until the fetus is partially outside the body of the
mother, for the purpose of performing an overt act that the
person knows will kill the fetus while the fetus is partially
outside the body of the mother; and
``(B) performs the overt act that kills the fetus while the
intact living fetus is partially outside the body of the
mother.
``(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.
``(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''.
SEC. 3. SENSE OF CONGRESS CONCERNING ROE V. WADE AND PARTIAL BIRTH
ABORTION BANS.
(a) Findings.--Congress finds that--
(1) abortion has been a legal and constitutionally
protected medical procedure throughout the United States since
the Supreme Court decision in Roe v. Wade (410 U.S. 113
(1973)); and
(2) no partial birth abortion ban shall 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.
(b) Sense of Congress.--It is the sense of the Congress that
partial birth abortions are horrific and gruesome procedures that
should be banned.
SEC. 4. SENSE OF CONGRESS CONCERNING A WOMAN'S LIFE AND HEALTH.
It is the sense of the Congress that, consistent with the rulings
of the Supreme Court, a woman's life and health must always be
protected in any reproductive health legislation passed by Congress.
SEC. 5. SENSE OF CONGRESS CONCERNING ROE V. WADE.
(a) Findings.--Congress finds that--
(1) reproductive rights are central to the ability of women
to exercise their full rights under Federal and State law;
(2) abortion has been a legal and constitutionally
protected medical procedure throughout the United States since
the Supreme Court decision in Roe v. Wade (410 U.S. 113
(1973));
(3) the 1973 Supreme Court decision in Roe v. Wade
established constitutionally based limits on the power of
States to restrict the right of a woman to choose to terminate
a pregnancy; and
(4) women should not be forced into illegal and dangerous
abortions as they often were prior to the Roe v. Wade decision.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) Roe v. Wade was an appropriate decision and secures an
important constitutional right; and
(2) such decision should not be overturned.
Passed the Senate October 21, 1999.
Attest:
Secretary.
106th CONGRESS
1st Session
S. 1692
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, to ban partial-birth abortions.
Pages: 1 Other Popular 106th Congressional Bills Documents:
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