THE SENATE

S.B. NO.

251

TWENTY-SEVENTH LEGISLATURE, 2013

 

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" means:

(1)    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:

_____________________________

 

 


 


 

Report Title:

Partial Birth Abortion; Prohibition

 

 

Description:

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

 

 

 

 

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