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

The text of the bill below is as of Jun 14, 1995 (Introduced).

HR 1833 IH


1st Session

H. R. 1833

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


June 14, 1995

Mr. CANADY of Florida (for himself, Mrs. VUCANOVICH, Mr. HALL of Ohio, Mr. HYDE, Mr. INGLIS of South Carolina, Mr. GOODLATTE, Mr. SMITH of Texas, Mrs. SMITH of Washington, Mr. WELDON of Florida, Mr. SMITH of New Jersey, Mr. CHRISTENSEN, Mr. DORNAN, Mr. HILLEARY, Mr. BUNNING of Kentucky, Mr. CHABOT, Mr. EMERSON, Mr. HAYWORTH, Mr. LARGENT, Mr. WALSH, Mr. KNOLLENBERG, Mr. TALENT, Mr. WATTS of Oklahoma, Mrs. SEASTRAND, Mr. BARTON of Texas, Mr. BRYANT of Tennessee, Mr. YOUNG of Arkansas, Mr. LEWIS of Kentucky, Mr. STEARNS, and Mr. MCINTOSH) introduced the following bill; which was referred to the Committee on the Judiciary


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,


    This Act may be cited as the ‘Partial-Birth Abortion Ban Act of 1995’.


    (a) IN GENERAL- Title 18, United States Code, is amended by inserting after chapter 73 the following:



      ‘1531Partial-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 mother, 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.

    ‘(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;

    even if any party consented to the performance of an 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 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 woman upon whom it was performed; and

      ‘(2) no other form of abortion 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: