HB 1541 Partial birth infanticide.
Robert G. Marshall | all patrons    ...    notes
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Summary as passed: (all summaries)
Partial birth infanticide. Defines "partial birth infanticide" as any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed. The term "partial birth infanticide" will not include (i) the suction curettage abortion procedure, (ii) the suction aspiration abortion procedure, (iii) the dilation and evacuation abortion procedure involving dismemberment of the fetus prior to removal from the body of the mother, or (iv) completing delivery of a living human infant and severing the umbilical cord of any infant who has been completely delivered. "Human infant who has been born alive" is defined as a product of human conception that has been completely or substantially expelled or extracted from its mother, regardless of the duration of pregnancy, which after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. "Substantially expelled or extracted from its mother" is defined as, in the case of a headfirst presentation, the infant's entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant's trunk past the navel is outside the body of the mother. The bill punishes the act of "partial birth infanticide" as a Class 4 felony. This provision will not prohibit the use by a physician of any procedure that, in reasonable medical judgment, is necessary to prevent the death of the mother, so long as the physician takes every medically reasonable step, consistent with such procedure, to preserve the life and health of the infant. A procedure will not be deemed necessary to prevent the death of the mother if completing the delivery of the living infant would prevent the death of the mother. The mother cannot be prosecuted for any criminal offense based on the performance of any act or procedure by a physician in violation of this section. This provision also amends vital statistics law to modify the definition of "live birth" to include substantial expulsion or extraction of the product of human conception from its mother and to add a definition of "substantial expulsion or extraction." A second enactment clause repeals the partial birth abortion provision.

Full text:
01/08/03  House: Presented & ordered printed, prefiled 12/20/02 031685824  pdf | impact statements
01/28/03  House: Committee substitute printed 038911824-H1  pdf | impact statements
02/14/03  Senate: Committee substitute printed 032675824-S1  pdf | impact statements
02/22/03  House: Conference substitute printed 032692824-H2  pdf
02/27/03  House: Bill text as passed House and Senate (HB1541ER)  pdf | impact statement
04/03/03  Governor: Acts of Assembly Chapter text (CHAP0961)  pdf

House amendments rejected
Conference amendments
Governor's recommendation

01/08/03  House: Presented & ordered printed, prefiled 12/20/02 031685824
01/08/03  House: Referred to Committee for Courts of Justice
01/16/03  House: Assigned to C. J. sub-committee: 1
01/27/03  House: Reported from C. J. with substitute (18-Y 4-N)
01/28/03  House: Committee substitute printed 038911824-H1
01/29/03  House: Read first time
01/30/03  House: Passed by for the day
01/31/03  House: Read second time
01/31/03  House: Committee substitute agreed to 038911824-H1
01/31/03  House: Amendments by Del. Joannou rejected
01/31/03  House: Engrossed by House - committee substitute 038911824-H1
02/01/03  House: Read third time and passed House (71-Y 26-N)
02/01/03  House: VOTE: PASSAGE (71-Y 26-N)
02/01/03  House: Reconsideration of passage agreed to by House
02/01/03  House: Passed House (72-Y 27-N)
02/01/03  House: VOTE: PASSAGE #2 (72-Y 27-N)
02/01/03  House: Communicated to Senate
02/03/03  Senate: Constitutional reading dispensed
02/03/03  Senate: Referred to Committee on Education and Health
02/05/03  Senate: Assigned to Ed. & Health sub-committee: 3
02/13/03  Senate: Reported from Ed. & H. with substitute (9-Y 5-N 1-A)
02/14/03  Senate: Committee substitute printed 032675824-S1
02/17/03  Senate: Const. reading disp., passed by for the day (37-Y 0-N)
02/17/03  Senate: VOTE: CONST. RDG. DISPENSED R (37-Y 0-N)
02/18/03  Senate: Read third time
02/18/03  Senate: Reading of substitute waived
02/18/03  Senate: Committee substitute agreed to 032675824-S1
02/18/03  Senate: Engrossed by Senate - committee substitute 032675824-S1
02/18/03  Senate: Passed Senate with substitute (29-Y 11-N)
02/18/03  Senate: VOTE: PASSAGE (29-Y 11-N)
02/19/03  House: Placed on Calendar
02/20/03  House: Senate substitute rejected by House (18-Y 80-N)
02/20/03  House: VOTE: REJECTED (18-Y 80-N)
02/20/03  Senate: Senate insisted on substitute (39-Y 0-N)
02/20/03  Senate: VOTE: INSIST & REQUEST (39-Y 0-N)
02/20/03  Senate: Senate requested conference committee
02/20/03  House: House acceded to request
02/20/03  House: Conferees appointed by House
02/20/03  House: Delegates: Marshall, R.G., McDonnell, Johnson
02/20/03  Senate: Conferees appointed by Senate
02/20/03  Senate: Senators: Newman, Howell, Blevins
02/21/03  House: Conference report agreed to by House (76-Y 20-N)
02/21/03  House: VOTE: ADOPTION (76-Y 20-N)
02/22/03  House: Conference substitute printed 032692824-H2
02/22/03  Senate: Reading of conference report waived
02/22/03  Senate: Conference report agreed to by Senate (29-Y 11-N)
02/22/03  Senate: VOTE: CONF. COMMITTEE RPT. (29-Y 11-N)
02/27/03  House: Bill text as passed House and Senate (HB1541ER)
03/05/03  House: Enrolled
03/05/03  House: Signed by Speaker
03/06/03  Senate: Signed by President
03/24/03  House: Governor's recommendation received by House
04/02/03  House: Placed on Calendar
04/02/03  House: House rejected Gov's recommendation (25-Y 75-N)
04/02/03  House: VOTE: REJECTED (25-Y 75-N)
04/02/03  House: Passed in enrolled form (77-Y 22-N)
04/02/03  House: VOTE: PASSAGE (77-Y 22-N)
04/02/03  House: Motion to reconsider passage in enrolled form agreed to
04/02/03  House: Passed in enrolled form (77-Y 22-N)
04/02/03  House: VOTE: PASSAGE #2 (77-Y 22-N)
04/02/03  Senate: Passed in enrolled form (27-Y 12-N)
04/02/03  Senate: VOTE: PASSAGE-ENROLLED BILL (27-Y 12-N)
04/02/03  House: Bill became law, Chapter 961 (effective 7/1/03)
04/03/03  Governor: Acts of Assembly Chapter text (CHAP0961)