Report Title:

Partial Birth Abortion; Prohibition

Description:

Prohibits partial birth abortion. Defines "abortion", "fetus", and "partial birth abortion".

THE SENATE

S.B. NO.

1110

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to abortion.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 453, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§453- Performance of partial birth abortion prohibited. (a) Except as otherwise provided in subsection (b), a physician or an individual performing an act, task, or function under the delegatory authority of a physician shall not perform a partial birth abortion, even if the abortion is otherwise permitted by law.

(b) A physician or an individual described in subsection (a) may perform a partial birth abortion if the physician or other individual reasonably believes that performing the partial birth abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury and that no other medical procedure will accomplish that purpose.

(c) This section does not create a right to abortion.

(d) Notwithstanding any other part of this section, a person shall not perform an abortion that is prohibited by law.

(e) As used in this section:

"Abortion":

(1) Means the intentional use of an instrument, drug, or other substance or device to terminate a woman's pregnancy for a purpose other than to:

(A) Increase the probability of a live birth;

(B) Preserve the life or health of the child after live birth; or

(C) Remove a dead fetus; and

(2) Does not include a procedure to complete a spontaneous abortion or the use or prescription of a drug or device intended as a contraceptive.

"Fetus" means an individual organism of the species homo sapiens at any time before complete delivery from a pregnant woman.

"Partial birth abortion" means an abortion in which the physician or individual acting under the delegatory authority of the physician performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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