Report Title:

Partial Birth Abortion Ban

 

 

Description:

Prohibits partial birth abortions except to save life of the mother. Provides criminal penalties.

HOUSE OF REPRESENTATIVES

H.B. NO.

623

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to partial birth abortions.

 

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

PARTIAL BIRTH ABORTION

§   -1 Partial birth abortions prohibited. (a) Any physician who knowingly performs a partial birth abortion and thereby kills a human being commits a class C felony and shall be fined under this chapter, imprisoned, or both; provided that imprisonment shall not exceed two years.

(b) This section shall not apply if the partial birth abortion is necessary to save the life of the mother. The physician shall make a finding in the medical record that the procedure was necessary under this subsection.

§   -2 Definitions. As used in this chapter, unless the context otherwise requires:

"Partial birth abortion" means an abortion in which the physician performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.

"Physician" means a doctor of medicine licensed under chapter 453 or an osteopathic physician licensed under chapter 460.

§   -3 Prosecution of woman prohibited. A woman upon whom a partial birth abortion is performed may not be prosecuted under this chapter for a violation of this chapter or for conspiracy to violate this chapter."

SECTION 2. This Act shall take effect on July 1, 2003.

 

INTRODUCED BY:

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