H-3970.1 _______________________________________________
HOUSE BILL 2524
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State of Washington 54th Legislature 1996 Regular Session
By Representatives Sterk, Sheahan, Crouse, Sherstad, Goldsmith, Hymes, Hargrove, Fuhrman, Mulliken, Koster, McMahan, Lambert, McMorris, Stevens, D. Sommers, Campbell, Backlund, Beeksma, L. Thomas and Smith
Read first time 01/12/96. Referred to Committee on Law & Justice.
AN ACT Relating to limiting late-term and partial-birth abortions; adding new sections to chapter 9.02 RCW; creating a new section; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. This act shall be known and cited as the late-term and partial-birth abortion ban act of 1996.
NEW SECTION. Sec. 2. A new section is added to chapter 9.02 RCW to read as follows:
No person may intentionally perform an abortion with knowledge that the pregnant woman is in her third trimester or that her unborn child is a viable fetus unless the abortion is necessary to prevent the death of either the pregnant woman or her unborn child under circumstances where every reasonable effort is made to preserve the life of each.
As used in this section, "viability" means that stage of fetal development when, in the medical judgment of the attending physician based on the particular facts of the case, there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support.
A violation of this section is a class C felony.
NEW SECTION. Sec. 3. A new section is added to chapter 9.02 RCW to read as follows:
(1) No person may intentionally perform a partial-birth abortion and thereby terminate the life of a human fetus.
(2) As used in this section, "partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before terminating the life of the fetus and completing the delivery.
(3) The mother, father, and if the mother has not attained the age of eighteen years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief.
(4) Such relief shall include:
(a) Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and
(b) Statutory damages equal to three times the cost of the partial-birth abortion, even if any party consented to the performance of an abortion.
(5) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for a conspiracy to violate this section, or an offense based on a violation of this section.
(6) It is an affirmative defense to a prosecution or a civil action under this section, which must be proved by a preponderance of the evidence, that the partial-birth abortion was performed by a physician who reasonably believed:
(a) The partial-birth abortion was necessary to save the life of the woman upon whom it was performed; and
(b) No other abortion procedure would suffice for that purpose.
A violation of this section is a class C felony.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, morals, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
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