The Partial-Birth Abortion Ban Act (HR 1122)
as Passed by the U.S. House of Representatives
ON MARCH 20, 1997
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 --
- (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.
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