2395-S.E AMS SWEC GORR 019

ESHB 2395 - S AMD - 911

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) It is a class C felony for a physician to perform a partial-birth abortion.

    (2) For purposes of sections 1 and 2 of this act, "partial-birth abortion" means a procedure in which the person performing the procedure deliberately and intentionally delivers a fetus or a substantial portion of a fetus into or partially through the birth canal for the purpose of performing a procedure the physician knows will terminate the life of the fetus and then terminates the life of the fetus before the fetus has been completely removed from the birth canal.

NEW SECTION. Sec. 2.  A new section is added to chapter 9.02 RCW to read as follows:

    (1) Sections 1 and 2 of this act shall not apply to an abortion performed to terminate a pregnancy when the abortion is:

    (a) Performed on a fetus that has not reached viability, as viability is defined under law; or

    (b) Performed to preserve the physical health of a mother; or

    (c) Performed to save the life of a mother because her life is endangered by a physical disorder, physical illness, or physical injury.

    (2) For purposes of sections 1 and 2 of this act and RCW 9.02.100 and 9.02.110, "preserve the physical health of a mother" means a threat to the health of a mother exists that so complicates the medical condition of the mother as to require the immediate termination of the pregnancy for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function of the mother.

    Sec. 3.  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 1 and 2 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 1 and 2 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 1 and 2 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. 4.  RCW 9.02.110 and 1992 c 1 s 2 are each amended to read as follows:

    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:  PROVIDED, That if a physician determines that a surgical procedure 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.  The term "surgical procedure" includes a partial-birth abortion.

    A physician may terminate and a health care provider may assist a physician in terminating a pregnancy as permitted by this section.

NEW SECTION. Sec. 5.  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 - 911

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 and 9.02.110; adding new sections to chapter 9.02 RCW; prescribing penalties; and providing for submission of this act to a vote of the people."

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