To repeal sections 188.015 and 188.035, RSMo 1994, relating to abortions, and to enact in lieu thereof three new sections relating to the same subject, with a penalty provision.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 188.015 and 188.035, RSMo 1994, are repealed and three new sections enacted in lieu thereof, to be known as sections 188.015, 188.033 and 188.035, to read as follows:

     188.015. [Unless the language or context clearly indicates a different meaning is intended, the following words or phrases for the purposes of sections 188.010 to 188.130 shall be given the meaning ascribed to them] As used in this chapter, the following terms shall mean:

     (1) "Abortion", the intentional destruction of the life of an embryo or fetus in [his or her] the mother's womb or the intentional termination of the pregnancy of a mother with an intention other than to increase the probability of a live birth or to remove a dead or dying unborn child;

     (2) "Abortion facility", a clinic, physician's office, or any other place or facility in which abortions are performed other than a hospital;

     (3) "Conception", the fertilization of the ovum of a female by a sperm of a male;

     (4) "Gestational age", length of pregnancy as measured from the first day of the woman's last menstrual period;

     (5) "Partial birth abortion", a method or technique of abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery;

     (6) "Physician", any person licensed to practice medicine in this state by the state board of registration of the healing arts;

     [(6)] (7) "Unborn child", the offspring of human beings from the moment of conception until birth and at every stage of its biological development, including the human conceptus, zygote, morula, blastocyst, embryo, and fetus;

     [(7)] (8) "Viability", that stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life-supportive systems.

     188.033. No physician shall perform a partial birth abortion unless necessary to preserve the life of the mother.

     188.035. Whoever, with intent to do so, shall take the life of a child aborted alive as a result of an attempted partial birth abortion or other abortion procedure, shall be guilty of murder [of] in the second degree.