BP BHEAD INT S [atlas:bill]

AN ACT Relating to limiting partial-birth abortions; amending RCW 9.02.100; adding new sections to chapter 9.02 RCW; creating a new section; prescribing penalties; and providing for submission of this act to a vote of the people.

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

NEW SECTION. Sec. 1. This act may be known and cited as the partial-birth abortion ban act.

NEW SECTION. Sec. 2. (1) Any physician or other person who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a felony and shall be fined not more than four thousand dollars or imprisoned not more than two years, or both.

(2) This act shall not apply to a partial-birth abortion that is necessary to save the life of a mother if her life is endangered by a physical disorder, physical illness, or physical injury, and no other procedure to terminate the pregnancy, including the induction of labor or cesarean section, will suffice for that purpose.

(3) A woman upon whom a partial-birth abortion is performed may not be prosecuted for conspiracy to violate this act.

NEW SECTION. Sec. 3. The definitions in this section apply throughout this act unless the context clearly requires otherwise.

(1) "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. "Partial-birth abortion" includes repositioning a living fetus into a breach position and terminating the life of the fetus by introducing an instrument or device into the cranium of the fetus and evacuating the contents of the cranium.

(2) "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state of Washington, or any other individual legally authorized by the state of Washington to perform abortions.

(3) "Vaginally delivers a living fetus before killing the fetus" means deliberately and intentionally delivers into the vagina a living fetus, or a substantial portion of a living fetus, for the purpose of performing a procedure the physician knows will kill the fetus.

NEW SECTION. Sec. 4. (1) A physician accused of an offense under this act may seek a hearing before the state medical board, which may convene a hearing and make findings on the following issues:

(a) Whether the life of the mother was endangered by a physical disorder, physical illness, or physical injury;

(b) Whether the physician's conduct was necessary to save the life of the mother; and

(c) Whether no other procedure to terminate the pregnancy, including the induction of labor or cesarean section, would have sufficed to save the life of the mother.

(2) The state medical board's findings on those issues are admissible on those issues at the criminal or civil trial of the defendant physician.

(3) Upon motion of the defendant physician, the court shall delay the beginning of the criminal or civil trial for not more than thirty days to permit the state medical board hearing to take place.

NEW SECTION. Sec. 5. (1) The father, if married to the mother at the time she receives a partial-birth abortion procedure, and the maternal grandparents of the fetus, if the mother has not attained the age of eighteen years at the time of the partial-birth abortion, may obtain appropriate relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.

(2) Civil relief includes:

(a) Money damages for all injuries, psychological and physical, resulting from a violation of this act; and

(b) Statutory damages equal to three times the cost of the partial-birth abortion.

NEW SECTION. Sec. 6. Sections 2 through 5 of this act are each added to chapter 9.02 RCW.

Sec. 7. 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 sections 2 through 5 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 sections 2 through 5 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 sections 2 through 5 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.

NEW SECTION. Sec. 8. 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.