HF 2001

as introduced - 79th Legislature (1995 - 1996) 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 penalties; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 145. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [145.4201] [PARTIAL-BIRTH ABORTION; 
  1.7   DEFINITIONS.] 
  1.8      Subdivision 1.  [TERMS.] As used in sections 145.4201 to 
  1.9   145.4206, the terms defined in this section have the meanings 
  1.10  given them. 
  1.11     Subd. 2.  [ABORTION.] "Abortion" means the use of any means 
  1.12  to intentionally terminate the pregnancy of a female known to be 
  1.13  pregnant with knowledge that the termination with those means 
  1.14  will, with reasonable likelihood, cause the death of the fetus. 
  1.15     Subd. 3.  [FETUS.] "Fetus" means any individual human 
  1.16  organism from fertilization until birth. 
  1.17     Subd. 4.  [PARTIAL-BIRTH ABORTION.] "Partial-birth abortion"
  1.18  means an abortion in which the person performing the abortion 
  1.19  partially vaginally delivers a living fetus before killing the 
  1.20  fetus and completing the delivery. 
  1.21     Sec. 2.  [145.4202] [PARTIAL-BIRTH ABORTIONS PROHIBITED.] 
  1.22     It is unlawful for any person to perform a partial-birth 
  1.23  abortion. 
  1.24     Sec. 3.  [145.4203] [CRIMINAL PENALTY.] 
  1.25     Any person who knowingly or recklessly performs or attempts 
  2.1   to perform an abortion in violation of sections 145.4201 to 
  2.2   145.4206 is guilty of a felony.  No penalty may be assessed 
  2.3   against the female upon whom the abortion is performed or 
  2.4   attempted to be performed. 
  2.5      Sec. 4.  [145.4204] [CIVIL REMEDIES.] 
  2.6      Subdivision 1.  [CIVIL SUITS FOR VIOLATION.] Any person 
  2.7   upon whom an abortion has been performed in violation of 
  2.8   sections 145.4201 to 145.4206, the father of the unborn child 
  2.9   who was the subject of the abortion, or the grandparent of the 
  2.10  unborn child may maintain an action against the person who 
  2.11  performed the abortion in knowing or reckless violation of 
  2.12  sections 145.4201 to 145.4206 for actual and punitive damages.  
  2.13  Any person upon whom an abortion has been attempted in violation 
  2.14  of sections 145.4201 to 145.4206 may maintain an action against 
  2.15  the person who attempted to perform the abortion in knowing or 
  2.16  reckless violation of sections 145.4201 to 145.4206 for actual 
  2.17  and punitive damages. 
  2.18     Subd. 2.  [ATTORNEY'S FEE.] If judgment is rendered in 
  2.19  favor of the plaintiff in an action described in this section, 
  2.20  the court shall also render judgment for a reasonable attorney's 
  2.21  fee in favor of the plaintiff against the defendant.  If the 
  2.22  judgment is rendered in favor of the defendant and the court 
  2.23  finds that the plaintiff's suit was frivolous and brought in bad 
  2.24  faith, the court shall also render judgment for a reasonable 
  2.25  attorney's fee in favor of the defendant against the plaintiff. 
  2.26     Sec. 5.  [145.4205] [AFFIRMATIVE DEFENSE.] 
  2.27     It is an affirmative defense to a prosecution or a civil 
  2.28  action under sections 145.4201 to 145.4206, which must be proved 
  2.29  by a preponderance of the evidence, that the partial-birth 
  2.30  abortion was performed by a physician who reasonably believed: 
  2.31     (1) the partial-birth abortion was necessary to save the 
  2.32  life of the mother; and 
  2.33     (2) no other procedure would suffice for that purpose. 
  2.34     Sec. 6.  [145.4206] [SEVERABILITY.] 
  2.35     If any provision, word, phrase, or clause of sections 
  2.36  145.4201 to 145.4206, or the application thereof to any person 
  3.1   or circumstances shall be held invalid, such invalidity shall 
  3.2   not affect the provisions, words, phrases, clauses, or 
  3.3   application of this section which can be given effect without 
  3.4   the invalid provision, word, phrase, clause, or application, and 
  3.5   to this end the provisions, words, phrases, and clauses of 
  3.6   sections 145.4201 to 145.4206 are declared to be severable.