| SB 0008 | Prohibits Partial Birth Abortions in Certain Situations |
| Sponsor: | Caskey | |||
| LR Number: | S1967.03I | Fiscal Note: | 1967-03 | |
| Committee: | ||||
| Last Action: | 09/10/97 - S First Read | Journal page: | S29 | |
| Title: | ||||
| Effective Date: | Uncertain | |||
SB 8 - This act bans partial birth abortions except when a physician's clinical judgement the procedure is necessary to save the life of the mother or to prevent a substantial and irreversible impairment of a major bodily function. The term "substantial and irreversible impairment of a major bodily function" shall be construed as the definition of "medical emergency was construed in Planned Parenthood v. Casey, 112 S. Ct. 2791 (1992).
A physician charged with violating this act may request a hearing before the State Board of Healing Arts to determine the appropriateness of his action and the Court shall grant a continuance until the Board acts, but not longer than one year. The Board's findings are admissible in a prosecution under this act. A person convicted of violating this act is guilty of a class A felony.
A woman upon whom a partial birth abortion has been
performed cannot be prosecuted under this act.
DAVID VALENTINE