S 6 IS

                                                  105th CONGRESS

                                                      1st Session

                                                         S. 6

To amend title 18, United States Code, to ban partial-birth abortions.

                                       IN THE SENATE OF THE UNITED STATES

                                                  January 21, 1997

Mr. SANTORUM (for himself, Mr. SMITH of New Hampshire, Mr. LOTT, Mr. ABRAHAM, Mr. ALLARD, Mr. ASHCROFT, Mr. BOND, Mr.
BROWNBACK, Mr. COATS, Mr. COVERDELL, Mr. CRAIG, Mr. DEWINE, Mr. DOMENICI, Mr. ENZI, Mr. FAIRCLOTH, Mr. GORTON,
Mr. GRAMM, Mr. GRAMS, Mr. HAGEL, Mr. HATCH, Mr. HELMS, Mr. HUTCHINSON, Mr. KYL, Mr. LUGAR, Mr. MCCONNELL, Mr.
MURKOWSKI, Mr. NICKLES, Mr. ROBERTS, Mr. SESSIONS, Mr. SMITH of Oregon, Mr. THOMAS, Mr. THURMOND, Mr. WARNER, and
Mr. KEMPTHORNE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
 
 

                                                       A BILL

To amend title 18, United States Code, to ban partial-birth abortions.

     Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

     This Act may be cited as the `Partial-Birth Abortion Ban Act of 1997'.

SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABORTIONS.

     (a) IN GENERAL- Title 18, United States Code, is amended by inserting after chapter 73 the following:

`CHAPTER 74--PARTIAL-BIRTH ABORTIONS

                                                        `Sec.

                                         `1531. Partial-birth abortions prohibited.

`Sec. 1531. Partial-birth abortions prohibited

     `(a) Whoever, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus or infant
     shall be fined under this title or imprisoned not more than two years, or both.

     `(b) Subsection (a) does not apply to a partial-birth abortion that is necessary to save the life of a mother because her life is endangered by a
     physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, if
     no other medical procedure would suffice for that purpose.

     `(c) As used in this section--

          `(1) the term `partial-birth abortion' means an abortion in which the person performing the abortion partially vaginally delivers a living fetus
          before killing the infant and completing the delivery; and

          `(2) the terms `fetus' and `infant' are interchangeable.

     `(d)(1) Unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion, the father, and if the mother has
     not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus or infant, may in a civil action obtain appropriate
     relief.

     `(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;

     even if the mother consented to the performance of an abortion.

     `(e) 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 under section 2, 3, or 4 of this title based on a violation of this section.'.

     (b) CLERICAL AMENDMENT- The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to
     chapter 73 the following new item:

1531'.