HF 42

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; prohibiting partial-birth 
  1.3             abortions; providing criminal and civil penalties; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 145. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [145.4201] [PARTIAL-BIRTH ABORTION; 
  1.8   DEFINITIONS.] 
  1.9      Subdivision 1.  [TERMS.] As used in sections 145.4201 to 
  1.10  145.4206, the terms defined in this section have the meanings 
  1.11  given them. 
  1.12     Subd. 2.  [ABORTION.] "Abortion" means the use of any means 
  1.13  to intentionally terminate the pregnancy of a female known to be 
  1.14  pregnant with knowledge that the termination with those means 
  1.15  will, with reasonable likelihood, cause the death of the fetus. 
  1.16     Subd. 3.  [FETUS.] "Fetus" is used to refer to the 
  1.17  biological offspring of human parents. 
  1.18     Subd. 4.  [PARTIAL-BIRTH ABORTION.] "Partial-birth abortion"
  1.19  means an abortion in which the person performing the abortion 
  1.20  partially vaginally delivers a living fetus before killing the 
  1.21  fetus and completing the delivery. 
  1.22     Subd. 5.  [PARTIALLY VAGINALLY DELIVERS A LIVING FETUS 
  1.23  BEFORE KILLING THE FETUS.] "Partially vaginally delivers a 
  1.24  living fetus before killing the fetus" means deliberately and 
  1.25  intentionally delivers into the vagina a living fetus, or a 
  2.1   substantial portion thereof, for the purpose of performing a 
  2.2   procedure the physician knows will kill the fetus, and kills the 
  2.3   fetus. 
  2.4      Sec. 2.  [145.4202] [PARTIAL-BIRTH ABORTIONS PROHIBITED.] 
  2.5      No person shall knowingly perform a partial-birth abortion. 
  2.6      Sec. 3.  [145.4203] [LIFE OF THE MOTHER EXCEPTION.] 
  2.7      The prohibition under section 145.4202 shall not apply to a 
  2.8   partial-birth abortion that is necessary to save the life of the 
  2.9   mother because her life is endangered by a physical disorder, 
  2.10  physical illness, or physical injury. 
  2.11     Sec. 4.  [145.4204] [CIVIL REMEDIES.] 
  2.12     Subdivision 1.  [STANDING.] The woman upon whom a 
  2.13  partial-birth abortion has been performed in violation of 
  2.14  section 145.4202, the father if married to the mother at the 
  2.15  time she receives a partial-birth abortion procedure, and the 
  2.16  maternal grandparents of the fetus if the mother has not 
  2.17  attained the age of 18 years at the time of the abortion, may 
  2.18  obtain appropriate relief in a civil action, unless the 
  2.19  pregnancy resulted from the plaintiff's criminal conduct or the 
  2.20  plaintiff consented to the abortion. 
  2.21     Subd. 2.  [TYPE OF RELIEF.] Relief shall include: 
  2.22     (1) money damages for all injuries, psychological and 
  2.23  physical, occasioned by the violation of sections 145.4201 to 
  2.24  145.4206; and 
  2.25     (2) statutory damages equal to three times the cost of the 
  2.26  partial-birth abortion. 
  2.27     Subd. 3.  [ATTORNEY'S FEE.] If judgment is rendered in 
  2.28  favor of the plaintiff in an action described in this section, 
  2.29  the court shall also render judgment for a reasonable attorney's 
  2.30  fee in favor of the plaintiff against the defendant.  If the 
  2.31  judgment is rendered in favor of the defendant and the court 
  2.32  finds that the plaintiff's suit was frivolous and brought in bad 
  2.33  faith, the court shall also render judgment for a reasonable 
  2.34  attorney's fee in favor of the defendant against the plaintiff. 
  2.35     Sec. 5.  [145.4205] [CRIMINAL PENALTY.] 
  2.36     Subdivision 1.  [FELONY.] A person who performs a 
  3.1   partial-birth abortion in knowing violation of sections 145.4201 
  3.2   to 145.4206 is guilty of a felony and may be sentenced to 
  3.3   imprisonment for not more than two years or to payment of a fine 
  3.4   of not more than $4,000, or both.  
  3.5      Subd. 2.  [ADMINISTRATIVE FINDING.] (a) A defendant accused 
  3.6   of an offense under this section may seek a hearing before the 
  3.7   state board of medical practice on whether the physician's 
  3.8   conduct was necessary to save the life of the mother whose life 
  3.9   was endangered by a physical disorder, illness, or injury. 
  3.10     (b) The findings of the state board of medical practice on 
  3.11  that issue are admissible at the trial of the defendant.  Upon 
  3.12  motion of the defendant, the court shall delay the beginning of 
  3.13  the trial for not more than 30 days to permit the hearing to 
  3.14  take place. 
  3.15     Subd. 3.  [PROSECUTION OF MOTHER PROHIBITED.] A woman upon 
  3.16  whom a partial-birth abortion is performed may not be prosecuted 
  3.17  under this section for violating sections 145.4201 to 145.4206, 
  3.18  or any provision thereof, or for conspiracy to violate sections 
  3.19  145.4201 to 145.4206, or any provision thereof. 
  3.20     Sec. 6.  [145.4206] [SEVERABILITY.] 
  3.21     (a) If any provision, word, phrase, or clause of section 
  3.22  145.4203, or the application thereof to any person or 
  3.23  circumstance is found to be unconstitutional, the same is hereby 
  3.24  declared to be inseverable. 
  3.25     (b) If any provision, section, subdivision, sentence, 
  3.26  clause, phrase, or word of section 145.4201, 145.4202, 145.4204, 
  3.27  145.4205, or 145.4206, or the application thereof to any person 
  3.28  or circumstance is found to be unconstitutional, the same is 
  3.29  hereby declared to be severable and the balance of sections 
  3.30  145.4201 to 145.4206 shall remain effective notwithstanding such 
  3.31  unconstitutionality.  The legislature hereby declares that it 
  3.32  would have passed sections 145.4201 to 145.4206, and each 
  3.33  provision, section, subdivision, sentence, clause, phrase, or 
  3.34  word thereto, with the exception of section 145.4203, 
  3.35  irrespective of the fact that a provision, section, subdivision, 
  3.36  sentence, clause, phrase, or word be declared unconstitutional. 
  4.1      Sec. 7.  [OUTREACH TO PHYSICIANS.] 
  4.2      The commissioner of health shall plan and conduct outreach 
  4.3   activities to educate physicians about the requirements of 
  4.4   Minnesota Statutes, sections 145.4201 to 145.4206.  In 
  4.5   conducting outreach, the commissioner shall disseminate at least 
  4.6   two notices to physicians explaining the requirements of 
  4.7   Minnesota Statutes, sections 145.4201 to 145.4206, and may 
  4.8   conduct other outreach activities as the commissioner deems 
  4.9   necessary.  The commissioner shall establish the timing and form 
  4.10  of the outreach activities required under this section, except 
  4.11  that outreach activities must be completed by July 1, 2002. 
  4.12     Sec. 8.  [EFFECTIVE DATE.] 
  4.13     Section 5 is effective August 1, 2001, and applies to 
  4.14  crimes committed on or after that date.