Partial-Birth Abortion Ban Act of 2000

Summary: Defines a "partial birth abortion" as an abortion in which the person performing the abortion deliberately and intentionally: (1) 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 mother's body; and (2) performs the overt act that kills the fetus while the intact living fetus is partially outside the mother's body.
Authorizes the father, if married to the mother at the time of the abortion, and the maternal grandparents of the fetus, if the mother is under 18 years of age, to obtain specified relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.
Authorizes a defendant accused of an offense under this Act to seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother.
Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.

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.