Bill Text: HI SB1478 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 1478 (Prior Session Legislation)

Introduced

Bill Title: Health; Partial-Birth Abortion Prohibited

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1478 Detail]

Download: Hawaii-2012-SB1478-Introduced.html

THE SENATE	S.B. NO.	1478
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HEALTH.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that partial‑birth abortion is an inhumane procedure currently being practiced in Hawaii that is not medically necessary and should be prohibited. The State of Hawaii has recognized the need to limit abortions, as the preservation of life is of paramount concern to the State.

The purpose of this Act is to codify in state statute the federal Partial-Birth Abortion Ban Act of 2003 (18 U.S.C. 1531).

SECTION 2. Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§453‑ Partial‑birth abortion; prohibition; penalties. (a) No partial-birth abortion shall be performed in this State whether by a physician or other person.

(b) For the purposes of this section:

"Partial-birth abortion" means an operation to intentionally terminate a fetus by vaginally delivering a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus and performing the overt act, other than completion of delivery, that kills the partially delivered living fetus.

"Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State of Hawaii, or any other individual legally authorized by the State of Hawaii to perform abortions; provided that any individual who is not a physician or not otherwise legally authorized by the State of Hawaii to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this section.

(c) The State shall not deny or interfere with the performance of a partial-birth abortion that is necessary to protect the life of a female whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition by or arising from the pregnancy itself.

(d) Any person who knowingly violates subsection (a) shall be fined not more than $1,000, imprisoned not more than two years, or both. In addition to the penalties under this subsection, the following individuals may sue the physician or individual performing the partial-birth abortion for civil damages, including damages for all psychological and physical injuries occasioned by the violation of this section and statutory damages equal to three times the cost of the partial‑birth abortion:

(1) The father, if married to the mother at the time she receives a partial-birth abortion procedure; and

(2) The maternal grandparents of the fetus, if the mother had not yet attained the age of eighteen years at the time of the partial-birth abortion;

provided that the plaintiff did not consent to the partial-birth abortion and the pregnancy did not result from the plaintiff's criminal conduct.

(e) A defendant accused of an offense under this section may seek a hearing before the Hawaii medical board on whether the physician's conduct was necessary to save the life of the female due to a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than thirty days to permit such a hearing to take place.

(f) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section or for conspiracy to violate this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Health; Partial-Birth Abortion Prohibited

Description:

Prohibits partial-birth abortions, with exceptions. Provides for penalties.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.