SB 1205 Partial birth infanticide.
Stephen D. Newman | all patrons    ...    notes
| add to my profiles

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  Senate: Presented & ordered printed, prefiled 01/08/03 034399504  pdf | impact statements
02/22/03  Senate: Conference substitute printed 032693504-S1  pdf
02/27/03  Senate: Bill text as passed Senate and House (SB1205ER)  pdf | impact statement
04/03/03  Governor: Acts of Assembly Chapter text (CHAP0963)  pdf

Amendments:
House amendments
House amendments engrossed
Conference amendments
Governor's recommendation

Status:
01/08/03  Senate: Presented & ordered printed, prefiled 01/08/03 034399504
01/08/03  Senate: Referred to Committee for Courts of Justice
01/22/03  Senate: Pursuant to S. Rule 20(j), rerefer. by C.J. (14-Y 0-N)
01/22/03  Senate: Rereferred to Finance
01/28/03  Senate: Pursuant to S.Rule 20(j),rereferred by Fin. (13-Y 0-N)
01/28/03  Senate: Rereferred to Education and Health
01/30/03  Senate: Reported from Education and Health (9-Y 6-N)
02/03/03  Senate: Constitutional reading dispensed (37-Y 0-N)
02/03/03  Senate: VOTE: CONST. RDG. DISPENSED R (37-Y 0-N)
02/04/03  Senate: Read second time and engrossed
02/04/03  Senate: Constitutional reading dispensed (40-Y 0-N)
02/04/03  Senate: VOTE: CONST. RDG. DISPENSED (40-Y 0-N)
02/04/03  Senate: Passed Senate (27-Y 12-N)
02/04/03  Senate: VOTE: PASSAGE (27-Y 12-N)
02/04/03  Senate: Communicated to House
02/05/03  House: Placed on Calendar
02/05/03  House: Read first time
02/05/03  House: Referred to Committee for Courts of Justice
02/10/03  House: Reported from C. J. with amendment (19-Y 3-N)
02/12/03  House: Read second time
02/13/03  House: Read third time
02/13/03  House: Committee amendment agreed to
02/13/03  House: Amendments by Del. Marshall, R.G. agreed to
02/13/03  House: Motion to pass by amendment by Del. Amundson agreed to
02/13/03  House: Motion to pass by amendment by Del. Pollard agreed to
02/13/03  House: Engrossed by House as amended
02/13/03  House: Passed House with amendments (73-Y 26-N)
02/13/03  House: VOTE: PASSAGE (73-Y 26-N)
02/17/03  Senate: House amendments rejected by Senate (1-Y 35-N)
02/17/03  Senate: VOTE: REJECTED HOUSE AMENDMENTS (1-Y 35-N)
02/17/03  Senate: Rec. of House amds. agreed to by Senate (36-Y 0-N)
02/17/03  Senate: VOTE: RECONSIDER (36-Y 0-N)
02/17/03  Senate: House amendments rejected by Senate (0-Y 36-N)
02/17/03  Senate: VOTE: REJECTED HOUSE AMENDMENTS (0-Y 36-N)
02/18/03  House: House insisted on amendments
02/18/03  House: House requested conference committee
02/19/03  Senate: Senate acceded to request (39-Y 0-N)
02/19/03  Senate: VOTE: ACCEDE CONF. COMM. (39-Y 0-N)
02/19/03  Senate: Conferees appointed by Senate
02/19/03  Senate: Senators: Newman, Mims, Lucas
02/20/03  House: Conferees appointed by House
02/20/03  House: Delegates: Marshall, R.G., McDonnell, Johnson
02/22/03  Senate: Conference substitute printed 032693504-S1
02/22/03  Conference: Sub. recommended by conference comm. 032693504-S1
02/22/03  Senate: Reading of conference report waived
02/22/03  Senate: Conference report agreed to by Senate (29-Y 10-N)
02/22/03  Senate: VOTE: CONF. COMMITTEE RPT. (29-Y 10-N)
02/22/03  House: Conference report agreed to by House (80-Y 17-N)
02/22/03  House: VOTE: ADOPTION (80-Y 17-N)
02/27/03  Senate: Bill text as passed Senate and House (SB1205ER)
03/05/03  Senate: Enrolled
03/05/03  House: Signed by Speaker
03/06/03  Senate: Signed by President
03/24/03  Senate: Governor's recommendation received by Senate
04/02/03  Senate: Placed on Calendar
04/02/03  Senate: Senate rejected Gov's recommendation (12-Y 28-N)
04/02/03  Senate: VOTE: REJECTED GOV. RECOMM. (12-Y 28-N)
04/02/03  Senate: Passed in enrolled form (28-Y 12-N)
04/02/03  Senate: VOTE: PASSAGE-ENROLLED BILL (28-Y 12-N)
04/02/03  House: Passed in enrolled form (75-Y 20-N)
04/02/03  House: VOTE: PASSAGE (75-Y 20-N)
04/02/03  House: Bill became law, Chapter 963 (effective 7/1/03)
04/03/03  Governor: Acts of Assembly Chapter text (CHAP0963)