Partial-Birth Abortion Ban Act of 2003

Bill: 108-s-3
Sponsor: Sen. Santorum, Rick [R-PA]
Introduced: 2003-02-14 in the Senate
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)
Supreme Court decisions
Women
Women's health

Summary:
action_date: 2003-02-14
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 whose life 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: 2003-03-13
text: 
Partial-Birth Abortion Ban Act of 2003 - (Sec. 3) 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 whose life 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.
(Sec. 4) Expresses the sense of the Senate that the decision of the Supreme Court in Roe v. Wade was appropriate and secures an important constitutional right and should not be overturned.
action_date: 2003-09-30
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 whose life 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: 2003-11-05
text: 

(This measure has not been amended since the Conference Report was filed in the House on September 30, 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 whose life 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: 2003-11-05
text: Became Public Law No: 108-105.
action_date: 2003-11-05
text: Became Public Law No: 108-105.
action_date: 2003-11-05
text: Signed by President.
action_date: 2003-11-05
text: Signed by President.
action_date: 2003-10-28
text: Presented to President.
action_date: 2003-10-28
text: Presented to President.
action_date: 2003-10-22
text: Message on Senate action sent to the House.
action_date: 2003-10-21
text: Senate agreed to conference report by Yea-Nay Vote. 64 - 34. Record Vote Number: 402.
action_date: 2003-10-21
text: Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 64 - 34. Record Vote Number: 402.
action_date: 2003-10-21
text: Conference report considered in Senate. (consideration: CR S12914-12948)
action_date: 2003-10-02
text: Conference papers: message on House action held at the desk in Senate.
action_date: 2003-10-02
text: On agreeing to the conference report Agreed to by the Yeas and Nays: 281 - 142 (Roll no. 530). (consideration: CR H9155)
action_date: 2003-10-02
text: Motions to reconsider laid on the table Agreed to without objection.
action_date: 2003-10-02
text: Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 281 - 142 (Roll no. 530).(consideration: CR H9155)
action_date: 2003-10-02
text: The previous question was ordered without objection.
action_date: 2003-10-02
text: DEBATE - The House proceeded with one hour of debate on the conference report to accompany S. 3.
action_date: 2003-10-02
text: Mr. Sensenbrenner brought up conference report H. Rept. 108-288 for consideration under the provisions of H. Res. 383. (consideration: CR H9142-9155)
action_date: 2003-10-02
text: Rule H. Res. 383 passed House.
action_date: 2003-10-01
text: Rules Committee Resolution H. Res. 383 Reported to House. Rule provides for consideration of the conference report to S. 3. All points of order against the conference report and against its consideration are waived. The conference report shall be considered as read when called up for consideration.
action_date: 2003-09-30
text: Conferees agreed to file conference report.
action_date: 2003-09-30
text: Conference committee actions: Conferees agreed to file conference report.
action_date: 2003-09-30
text: Conference papers: Senate report and manager's statement held at the desk in Senate.
action_date: 2003-09-30
text: Conference report H. Rept. 108-288 filed. (text of conference report: CR H8991-8996)
action_date: 2003-09-30
text: Conference report filed: Conference report H. Rept. 108-288 filed.(text of conference report: CR H8991-8996)
action_date: 2003-09-25
text: The Speaker appointed conferees: Chabot and Lofgren.
action_date: 2003-09-23
text: Message on Senate action sent to the House.
action_date: 2003-09-22
text: Senate appointed conferees Hatch, DeWine, Santorum, Feinstein, Boxer.
action_date: 2003-09-17
text: Under authority of the order of July 30, 2003, Senate disagreed to House amendment to the Senate bill and agreed to request for conference.
action_date: 2003-09-17
text: Motion to disagree to House amendment to Senate bill agreed to by Yea-Nay Vote. 93 - 0. Record Vote Number: 351. (consideration:  CR S11589-11601, S11614-11620)
action_date: 2003-06-05
text: Message on House action received in Senate and at desk: House amendment to Senate bill and House requests a conference.
action_date: 2003-06-04
text: The Speaker appointed conferees - from the Committee on the Judiciary for consideration of the Senate bill and the House amendment, and modifications committed to conference: Sensenbrenner, Hyde, and Nadler.
action_date: 2003-06-04
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-06-04
text: On motion that the House instruct conferees Agreed to by voice vote.
action_date: 2003-06-04
text: The previous question was ordered without objection.
action_date: 2003-06-04
text: DEBATE - The House proceeded with one hour of debate on the motion to instruct conferees. The instructions contained in the motion seek to require that the managers on the part of the House insist that (1) the committee of conference allow opportunity for members of the committee of conference to offer and debate amendments at all meetings of such conference; and (2) all meetings of the committee of conference (A) be open to the public and to the print and electronic media; and (B) be held in venues selected to maximize the capacity for attendance of the public and the media.
action_date: 2003-06-04
text: Mr. Nadler moved that the House instruct conferees. (consideration:  CR H4953; text:  CR H4953)
action_date: 2003-06-04
text: On motion that the House insist upon its amendment, and request a conference Agreed to by voice vote.
action_date: 2003-06-04
text: Mr. Sensenbrenner moved that the House insist upon its amendment, and request a conference.
action_date: 2003-06-04
text: A similar measure H.R. 760 was laid on the table without objection.
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 without objection. (text:  CR H4951-4953)
action_date: 2003-06-04
text: Passed/agreed to in House: On passage Passed without objection.(text:  CR H4951-4953)
action_date: 2003-06-04
text: The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 760. Agreed to without objection.
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 H4951-4953)
action_date: 2003-03-13
text: Held at the desk.
action_date: 2003-03-13
text: Received in the House.
action_date: 2003-03-13
text: Message on Senate action sent to the House.
action_date: 2003-03-13
text: Passed Senate with an amendment by Yea-Nay Vote. 64 - 33. Record Vote Number: 51. (text of measure as passed Senate: CR S3658-3660)
action_date: 2003-03-13
text: Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 64 - 33. Record Vote Number: 51.(text of measure as passed Senate: CR S3658-3660)
action_date: 2003-03-13
text: Considered by Senate. (consideration: CR S3653-3662)
action_date: 2003-03-12
text: Motion by Senator Boxer to commit to Senate Committee on the Judiciary with instructions rejected in Senate by Yea-Nay Vote. 42 - 56. Record Vote Number: 47.
action_date: 2003-03-12
text: Motion by Senator Boxer to commit to Senate Committee on the Judiciary with instructions made in Senate.
action_date: 2003-03-12
text: Considered by Senate. (consideration: CR S3560-3614)
action_date: 2003-03-11
text: Considered by Senate. (consideration: CR S3422-3429, S3454, S3456-3463, S3482-3494)
action_date: 2003-03-10
text: Measure laid before Senate by unanimous consent. (consideration: CR S3383-3389, S3390-3399)
action_date: 2003-02-24
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 19.
action_date: 2003-02-14
text: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2003-02-14
text: Sponsor introductory remarks on measure. (CR S2522-2523)
action_date: 2003-02-14
text: Introduced in Senate

Enacted as: number: 108-105