2395-S.E AMS SWEC GORR 020
ESHB 2395 - S AMD - 912
By Senator Swecker
OUT OF ORDER AFTER ADOPTION OF #827
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9.02 RCW to read as follows:
(1) "Partial-birth abortion" means the act of intentionally terminating the life of a fetus after the fetus or a portion of the fetus has entered the birth canal.
(2) It is a felony for a physician to perform a partial-birth abortion.
Sec. 2. RCW 9.02.100 and 1992 c 1 s 1 are each amended to read as follows:
The sovereign people hereby declare that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions.
Accordingly, it is the public policy of the state of Washington that:
(1) Every individual has the fundamental right to choose or refuse birth control;
(2)
Every woman has the fundamental right to choose or refuse to have an abortion,
except as specifically limited by RCW 9.02.100 through 9.02.170 ((and)),
9.02.900 through 9.02.902, and section 1 of this act;
(3)
Except as specifically permitted by RCW 9.02.100 through 9.02.170 ((and)),
9.02.900 through 9.02.902, and section 1 of this act, the state shall
not deny or interfere with a woman's fundamental right to choose or refuse to
have an abortion; and
(4) Except as specifically permitted by RCW 9.02.100 through 9.02.170, 9.02.900 through 9.02.902, and section 1 of this act, the state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services, or information.
Sec. 3. RCW 9.02.110 and 1992 c 1 s 2 are each amended to read as follows:
(1) The state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus, or to protect her life or health.
(2) A woman's choice to have an abortion to terminate her pregnancy after the fetus has reached viability does not necessarily include a right to terminate the life of the viable fetus.
(3) If a physician determines that an abortion to terminate a pregnancy is necessary to protect the life or health of the mother, then every reasonable effort shall be made by the physician to protect and preserve the life of the viable fetus.
(4) A physician may terminate and a health care provider may assist a physician in terminating a pregnancy as permitted by this section.
Sec. 4. RCW 9.02.130 and 1992 c 1 s 4 are each amended to read as follows:
The
((good faith)) reasonable judgment of a physician as to viability
of the fetus ((or as to)), the risk to life or health of ((a
woman and the good faith judgment of a health care provider as to)) the
mother, or the duration of pregnancy shall be a defense in any proceeding
in which a violation of this chapter is an issue.
Sec. 5. RCW 9.02.170 and 1992 c 1 s 8 are each amended to read as follows:
For purposes of this chapter:
(1) "Viability" means the point in the pregnancy when, in the reasonable judgment of the physician on the particular facts of the case before such physician, there is a reasonable likelihood of the fetus's sustained survival outside the uterus with or without the application of extraordinary medical measures.
(2)
"Abortion" means the use or application of any ((medical
treatment)) instrument, drug, or other device or substance intended
to induce the termination of a pregnancy except for the purpose of producing a
live birth but does not necessarily mean the termination of the life of a
viable fetus.
(3) "Pregnancy" means the reproductive process beginning with the implantation of an embryo.
(4) "Physician" means a physician licensed to practice under chapter 18.57 or 18.71 RCW in the state of Washington.
(5) "Health care provider" means a physician or a person acting under the general direction of a physician.
(6) "State" means the state of Washington and counties, cities, towns, municipal corporations, and quasi-municipal corporations in the state of Washington.
(7) "Private medical facility" means any medical facility that is not owned or operated by the state.
NEW SECTION. Sec. 6. The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation."
ESHB 2395 - S AMD - 912
By Senator Swecker
On page 1, line 1 of the title, after "abortions;" strike the remainder of the title and insert "amending RCW 9.02.100, 9.02.110, 9.02.130, and 9.02.170; adding a new section to chapter 9.02 RCW; prescribing penalties; and providing for submission of this act to a vote of the people."
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