Bill Text: HI SB860 | 2012 | Regular Session | Introduced
Bill Title: Partial Birth Abortion; Prohibition
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB860 Detail]
Download: Hawaii-2012-SB860-Introduced.html
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THE SENATE |
S.B. NO. |
860 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ABORTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§453- Performance of partial birth abortion prohibited. (a) Except as otherwise provided in subsection (b), a physician or an individual performing an act, task, or function under the delegatory authority of a physician shall not perform a partial birth abortion, even if the abortion is otherwise permitted by law.
(b) A physician or an individual described in subsection (a) may perform a partial birth abortion if the physician or other individual reasonably believes that performing the partial birth abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury and that no other medical procedure will accomplish that purpose.
(c) This section does not create a right to abortion.
(d) Notwithstanding any other part of this section, a person shall not perform an abortion that is prohibited by law.
(e) As used in this section:
"Abortion" means:
(1) The intentional use of an instrument, drug, or other substance or device to terminate a woman's pregnancy for a purpose other than to:
(A) Increase the probability of a live birth;
(B) Preserve the life or health of the child after live birth; or
(C) Remove a dead fetus; and
(2) Does not include a procedure to complete a spontaneous abortion or the use or prescription of a drug or device intended as a contraceptive.
"Fetus" means an individual organism of the species homo sapiens at any time before complete delivery from a pregnant woman.
"Partial birth abortion" means an abortion in which the physician or individual acting under the delegatory authority of the physician performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Partial Birth Abortion; Prohibition
Description:
Prohibits partial birth abortion. Defines "abortion," "fetus," and "partial birth abortion."
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
