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H.R. 1833 (104th): Partial-Birth Abortion Ban Act of 1995


The text of the bill below is as of Nov 1, 1995 (Passed the House).


HR 1833 EH

104th CONGRESS

1st Session

H. R. 1833


AN ACT

To amend title 18, United States Code, to ban partial-birth abortions.

    Be it enacted by the Senate and House of Representatives 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’.

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.

‘Sec. 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 performing 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 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.

    ‘(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 believed--

      ‘(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 following new item:

1531’.

Passed the House of Representatives November 1, 1995.

Attest:

Clerk.