Partial-Birth Abortion Ban Act of 2003

Bill: 108-hr-760
Sponsor: Rep. Chabot, Steve [R-OH-1]
Introduced: 2003-02-13 in the House
Policy area: Crime and Law Enforcement
Subjects: Abortion
Administrative remedies
Civil actions and liability
Conspiracy
Criminal liability
Damages
Evidence (Law)
Families
Fathers
Fetus
Fines (Penalties)
Government Operations and Politics
Grandparents
Health
Law
Medical ethics
Mothers
Osteopathy and osteopaths
Peer review organizations (Medicine)
Physicians
Prosecution
Sentences (Criminal procedure)
Women
Women's health

Summary:
action_date: 2003-02-13
text: Partial-Birth Abortion Ban Act of 2003 - Amends the Federal criminal code to prohibit any physician or other individual from knowingly performing a partial-birth abortion, except when necessary to save the life of a mother that is endangered by a physical disorder, illness, or injury.
Defines a "partial-birth abortion" as an abortion in which the person performing the abortion: (1) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the mother's body, or, in the case of a breech presentation, any part of the fetal trunk past the navel is outside the mother's body; and (2) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.
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.
action_date: 2003-04-03
text: 
(This measure has not been amended since it was introduced in the House on February 13, 2003. The summary of that version is repeated here.)

Partial-Birth Abortion Ban Act of 2003 - Amends the Federal criminal code to prohibit any physician or other individual from knowingly performing a partial-birth abortion, except when necessary to save the life of a mother that is endangered by a physical disorder, illness, or injury.
Defines a "partial-birth abortion" as an abortion in which the person performing the abortion: (1) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the mother's body, or, in the case of a breech presentation, any part of the fetal trunk past the navel is outside the mother's body; and (2) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.
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.
action_date: 2003-06-04
text: 
(This measure has not been amended since it was introduced on February 13, 2003. The summary of that version is repeated here.)

Partial-Birth Abortion Ban Act of 2003 - Amends the Federal criminal code to prohibit any physician or other individual from knowingly performing a partial-birth abortion, except when necessary to save the life of a mother that is endangered by a physical disorder, illness, or injury.
Defines a "partial-birth abortion" as an abortion in which the person performing the abortion: (1) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the mother's body, or, in the case of a breech presentation, any part of the fetal trunk past the navel is outside the mother's body; and (2) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.
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.

Legislative actions:
action_date: 2003-06-04
text: Laid on the table. See S. 3 for further action.
action_date: 2003-06-04
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-06-04
text: On passage Passed by the Yeas and Nays: 282 - 139 (Roll no. 242). (text:  CR H4922-4923)
action_date: 2003-06-04
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 282 - 139 (Roll no. 242).(text:  CR H4922-4923)
action_date: 2003-06-04
text: On motion to recommit with instructions Failed by the Yeas and Nays: 165 - 256 (Roll no. 241).
action_date: 2003-06-04
text: The previous question on the motion to recommit with instructions was ordered without objection.
action_date: 2003-06-04
text: Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Baldwin motion to recommit with instructions. The instructions contained in the motion seek to require that the bill be reported back to the House with an amendment to include language which states "abortion that is necessary, in appropriate medical judgement, for the preservation of the life or health of the mother".
action_date: 2003-06-04
text: Ms. Baldwin moved to recommit with instructions to Judiciary. (consideration: CR H4948-4950; text: CR H4948)
action_date: 2003-06-04
text: DEBATE - Pursuant to the provisions of H. Res. 257, the House proceeded with one hour of debate on the Greenwood amendment in the nature of a substitute.
action_date: 2003-06-04
text: DEBATE - The House proceeded with one hour of debate on H.R. 760.
action_date: 2003-06-04
text: Rule provides for consideration of H.R. 760 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Section 2 of the rule provides that after passage of H.R. 760, it shall be in order to take from the Speaker's table S. 3, the Partial-Birth Abortion Act of 2003, and to consider the Senate bill in the House. The rule further provides for a motion to strike all after the enacting clause of S. 3 and to insert in lieu thereof the provisions of H.R. 760 as passed by the House and waives all points of order against the motion to strike and insert. Measure will be considered read. A specified amendment is in order.
action_date: 2003-06-04
text: Considered under the provisions of rule H. Res. 257. (consideration:  CR H4910-4919, H4922-4951)
action_date: 2003-06-04
text: Rule H. Res. 257 passed House.
action_date: 2003-06-03
text: Rules Committee Resolution H. Res. 257 Reported to House. Rule provides for consideration of H.R. 760 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Section 2 of the rule provides that after passage of H.R. 760, it shall be in order to take from the Speaker's table S. 3, the Partial-Birth Abortion Act of 2003, and to consider the Senate bill in the House. The rule further provides for a motion to strike all after the enacting clause of S. 3 and to insert in lieu thereof the provisions of H.R. 760 as passed by the House and waives all points of order against the motion to strike and insert. Measure will be considered read. A specified amendment is in order.
action_date: 2003-04-03
text: Placed on the Union Calendar, Calendar No. 36.
action_date: 2003-04-03
text: Reported by the Committee on Judiciary. H. Rept. 108-58.
action_date: 2003-04-03
text: Reported by the Committee on Judiciary. H. Rept. 108-58.
action_date: 2003-03-26
text: Ordered to be Reported by the Yeas and Nays: 19 - 11.
action_date: 2003-03-26
text: Committee Consideration and Mark-up Session Held.
action_date: 2003-03-25
text: Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 8 - 4.
action_date: 2003-03-25
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2003-03-25
text: Subcommittee Hearings Held.
action_date: 2003-03-06
text: Referred to the Subcommittee on the Constitution.
action_date: 2003-02-13
text: Referred to the House Committee on the Judiciary.
action_date: 2003-02-13
text: Sponsor introductory remarks on measure. (CR E249-250)
action_date: 2003-02-13
text: Introduced in House
action_date: 2003-02-13
text: Introduced in House