SB 0008 Prohibits Partial Birth Abortions in Certain Situations
LR Number:S1967.03I Fiscal Note:1967-03
Last Action:09/10/97 - S First Read Journal page:S29
Effective Date:Uncertain
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Current Bill Summary

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.