Introduced By: Senators Graziano, McCaffrey, Celona, Issa and Montalbano J
Date Introduced : January 22, 1998
Referred To: Committee on Senate Health, Education and Welfare
It is enacted by the General Assembly as follows:
SECTION 1. Sections 23-4.12-1 and 23-4.12-5 of the General Laws in Chapter 23-4.12 entitled "Partial Birth Abortion" are hereby amended to read as follows:
23-4.12-1. Definitions. -- (a) Partial birth abortion..
- For purposes of this chapter, "partial-birth abortion"
means an abortion in which the person performing the abortion
{DEL partially DEL} vaginally delivers a living human fetus
before killing the infant and completing the delivery.
(b) Fetus and infant.. - For purposes of this chapter, the terms "fetus" and "infant" are used interchangeably to refer to the biological offspring of human parents.
{ADD (c) As used in this section, the term 'vaginally delivers a living fetus before killing the infant' means deliberately and intentionally delivers into the vagina a living fetus, or a substantial portion thereof, for the purpose of performing a procedure the person performing the abortion knows will kill the infant, and kills the infant. ADD}
23-4.12-5. Penalty. -- (a) Performance of a partial
birth abortion {DEL in a knowing or reckless manner DEL}
{ADD deliberately and intentionally ADD} is a violation of this chapter
and shall be a felony.
(b) A woman upon whom a partial birth abortion is performed may not be prosecuted under this chapter for violating this chapter, or any provision thereof, or for conspiracy to violate this chapter or any provision thereof.
SECTION 2. This act shall take effect upon passage.
This act would amend the existing statute to clarify the definition of partial birth abortion.
This act would take effect upon passage.
