II

Calendar No. 249

104TH CONGRESS

1ST SESSION H. R. 1833

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 2, 1995

Received; read the first time

NOVEMBER 3, 1995

Read the second time and placed on the calendar

NOVEMBER 8, 1995

Committed to the Committee on the Judiciary for a period not to exceed 19

calendar days in which to report or be discharged

NOVEMBER 27, 1995

Committee discharged pursuant to the order of November 8, 1995 and placed

on the calendar

AN ACT

To amend title 18, United States Code, to ban partialbirth abortions.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Partial-Birth Abortion

5 Ban Act of 1995’’.
2

HR 1833 PCS

1 SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABORTIONS.

2 (a) IN GENERAL.—Title 18, United States Code, is

3 amended by inserting after chapter 73 the following:

4 ‘‘CHAPTER 74—PARTIAL-BIRTH ABORTIONS

‘‘Sec.

‘‘1531. Partial-birth abortions prohibited.

5 ‘‘§ 1531. Partial-birth abortions prohibited

6 ‘‘(a) Whoever, in or affecting interstate or foreign

7 commerce, knowingly performs a partial-birth abortion

8 and thereby kills a human fetus shall be fined under this

9 title or imprisoned not more than two years, or both.

10 ‘‘(b) As used in this section, the term ‘partial-birth

11 abortion’ means an abortion in which the person perform12 ing the abortion partially vaginally delivers a living fetus

13 before killing the fetus and completing the delivery.

14 ‘‘(c)(1) The father, and if the mother has not at15 tained the age of 18 years at the time of the abortion,

16 the maternal grandparents of the fetus, may in a civil ac17 tion obtain appropriate relief, unless the pregnancy re18 sulted from the plaintiff’s criminal conduct or the plaintiff

19 consented to the abortion.

20 ‘‘(2) Such relief shall include—

21 ‘‘(A) money damages for all injuries, psycho22 logical and physical, occasioned by the violation of

23 this section; and
3

HR 1833 PCS

1 ‘‘(B) statutory damages equal to three times

2 the cost of the partial-birth abortion.

3 ‘‘(d) A woman upon whom a partial-birth abortion

4 is performed may not be prosecuted under this section,

5 for a conspiracy to violate this section, or for an offense

6 under section 2, 3, or 4 of this title based on a violation

7 of this section.

8 ‘‘(e) It is an affirmative defense to a prosecution or

9 a civil action under this section, which must be proved by

10 a preponderance of the evidence, that the partial-birth

11 abortion was performed by a physician who reasonably be12 lieved—

13 ‘‘(1) the partial-birth abortion was necessary to

14 save the life of the mother; and

15 ‘‘(2) no other procedure would suffice for that

16 purpose.’’.

17 (b) CLERICAL AMENDMENT.—The table of chapters

18 for part I of title 18, United States Code, is amended by

19 inserting after the item relating to chapter 73 the follow20 ing new item:

‘‘74. Partial-birth abortions ........................................................... 1531’’.

Passed the House of Representatives November 1,

1995.

Attest: ROBIN H. CARLE,

Clerk.
Calendar No. 249

104TH CONGRESS

1ST SESSION H. R. 1833

AN ACT

To amend title 18, United States Code, to ban

partial-birth abortions.

NOVEMBER 27, 1995

Committee discharged pursuant to the order of November

8, 1995 and placed on the calendar