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


The text of the bill below is as of Sep 27, 1995 (Reported by House Committee).


HR 1833 RH

Union Calendar No. 138

104th CONGRESS

1st Session

H. R. 1833

[Report No. 104-267]

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

IN THE HOUSE OF REPRESENTATIVES

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

September 27, 1995

Additional sponsors: Mr. STENHOLM, Mr. BARCIA, Mr. BLILEY, Mr. PETERSON of Minnesota, Mr. HOSTETTLER, Mr. HOLDEN, Mrs. CHENOWETH, Mr. VOLKMER, Mr. MANZULLO, Mr. KLINK, Mr. SCARBOROUGH, Mr. TAUZIN, Mr. HASTERT, Mr. LIPINSKI, Mr. ISTOOK, Mr. BURTON of Indiana, Mr. HUTCHINSON, Mr. GUTKNECHT, Mr. DOOLITTLE, Mr. BARTLETT of Maryland, Mr. TIAHRT, Mr. CRANE, Mr. SHADEGG, Mr. COLLINS of Georgia, Mr. BARRETT of Nebraska, Mr. MCDADE, Mr. MASCARA, Mr. SALMON, Mr. BONO, Mr. GRAHAM, Mr. HUNTER, Mr. SOLOMON, Mr. UNDERWOOD, Mr. WICKER, Mr. WAMP, Mr. ORTIZ, Mr. TAYLOR of North Carolina, Mr. TAYLOR of Mississippi, Mr. ENSIGN, Mrs. CUBIN, Ms. ROS-LEHTINEN, Mr. BOEHNER, Mr. THORNBERRY, Mr. HASTINGS of Washington, Mr. LIGHTFOOT, Mr. PORTMAN, Mr. HAYES, Mr. DIAZ-BALART, Mr. CRAPO, Mrs. WALDHOLTZ, Mr. PAXON, Mr. MCCOLLUM, Mr. BACHUS, Mr. BROWNBACK, Mr. RAHALL, Mr. BAKER of Louisiana, Mr. BARR, Mr. PARKER, Mr. HERGER, Mr. RADANOVICH, Mr. RIGGS, Mr. SAM JOHNSON of Texas, Mr. MANTON, Mr. DEAL of Georgia, Mr. DELAY, Mr. POMBO, Mr. SOUDER, Mr. DICKEY, Mr. BEREUTER, Mr. STOCKMAN, Mr. MCCRERY, Mr. OBERSTAR, Mr. WHITFIELD, Mr. COBURN, Mr. ROEMER, Mr. BUNN of Oregon, Mr. MICA, Mr. CALVERT, Mr. BUYER, Mr. FUNDERBURK, Mr. STUMP, Mr. MYERS of Indiana, Mr. KINGSTON, Mr. CALLAHAN, Mr. WALKER, Mr. WOLF, and Mr. Neumann

September 27, 1995

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

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,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Partial-Birth Abortion Ban Act of 1995’. [<-Struck out]

[Struck out->] SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABORTIONS. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Title 18, United States Code, is amended by inserting after chapter 73 the following: [<-Struck out]

[Struck out->]
‘CHAPTER 74--PARTIAL-BIRTH ABORTIONS [<-Struck out]

[Struck out->]

‘Sec. [<-Struck out]

      [Struck out->]
      ‘1531Partial-birth abortions prohibited. [<-Struck out]

[Struck out->]
‘Sec. 1531 Partial-birth abortions prohibited [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(2) Such relief shall include-- [<-Struck out]

      [Struck out->]
      ‘(A) money damages for all injuries, psychological and physical, occasioned by the violation of this section; and [<-Struck out]

      [Struck out->]
      ‘(B) statutory damages equal to three times the cost of the partial-birth abortion; [<-Struck out]

    [Struck out->] even if any party consented to the performance of an abortion. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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-- [<-Struck out]

      [Struck out->]
      ‘(1) the partial-birth abortion was necessary to save the life of the woman upon whom it was performed; and [<-Struck out]

      [Struck out->]
      ‘(2) no other form of abortion would suffice for that purpose.’. [<-Struck out]

    [Struck out->] (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: [<-Struck out]

[Struck out->] 1531’. [<-Struck out]

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’.