H. R. 1833

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

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 1995’’.

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.

‘‘§ 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: Provided, That no other medical procedure would suffice

for that purpose. 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.

‘‘(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
H. R. 1833—2

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) 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.