THE PARTIAL-BIRTH ABORTION BAN ACT (HR 1833)
AS VETOED BY PRESIDENT CLINTON ON APRIL 10, 1996
SECTION 1. SHORT TITLE.
SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABORTIONS
Sec. 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 appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.
(2) Such relief shall include --
(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.
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