H-4030.1 _______________________________________________
HOUSE BILL 2395
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State of Washington 55th Legislature 1998 Regular Session
By Representatives Sterk, Mulliken, D. Schmidt, Johnson, D. Sommers, Koster, Sherstad, Sheahan, Thompson, Mielke, Smith, Dunn, Boldt and Backlund
Read first time 01/13/98. Referred to Committee on Law & Justice.
AN ACT Relating to limiting partial-birth abortions; 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. Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than two years, or both. This section shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury.
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.
(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. Any individual who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this section.
(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 thereof, for the purpose of performing a procedure the physician knows will kill the fetus, and kills the fetus.
NEW SECTION. Sec. 4. (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 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) 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.
(3)(a) A defendant accused of an offense under this section may seek a hearing before the state medical board on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, illness, or injury.
(b) The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more that thirty days to permit such a hearing to take place.
(4) 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 for an offense under section 3 or 4 of this act based on a violation of this section.
NEW SECTION. Sec. 5. Sections 2 through 4 of this act are each added to chapter 9.02 RCW.
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 Constitution and laws adopted to facilitate its operation.
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