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 partial-
birth abortions.
Be it enacted by the Senate and House of Representa-
tives 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’’.
HR 1833 PCS
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) Whoever, 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.
‘‘(b) As used in this section, the term ‘partial-birth
abortion’ means an abortion in which the person perform-
ing the abortion partially vaginally delivers a living fetus
before killing the fetus and completing the delivery.
‘‘(c)(1) The father, and if the mother has not at-
tained the age of 18 years at the time of the abortion,
the maternal grandparents of the fetus, may in a civil ac-
tion obtain appropriate relief, unless the pregnancy re-
sulted from the plaintiff’s criminal conduct or the plaintiff
consented to the abortion.
‘‘(2) Such relief shall include—
‘‘(A) money damages for all injuries, psycho-
logical and physical, occasioned by the violation of
this section; and
HR 1833 PCS
‘‘(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.
‘‘(e) It is an affirmative defense to a prosecution or
a civil action under this section, which must be proved by
a preponderance of the evidence, that the partial-birth
abortion was performed by a physician who reasonably be-
lieved—
‘‘(1) the partial-birth abortion was necessary to
save the life of the mother; and
‘‘(2) no other procedure would suffice for that
purpose.’’.
(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 follow-
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