SECOND EXTRAORDINARY SESSION
SENATE BILL NO. 8
89TH GENERAL ASSEMBLY
INTRODUCED BY SENATORS CASKEY, McKENNA, QUICK, HOWARD,
MATHEWSON, LYBYER, STAPLES, JOHNSON AND MAXWELL.
Read 1st time September 10, 1997, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
S1967.03I
AN ACT
To repeal sections 188.015, 188.030, 188.035 and 188.075, RSMo 1994, relating to banning partial birth abortions, and to enact in lieu thereof five new sections relating to the same subject.
Section A. Sections 188.015, 188.030, 188.035 and 188.075, RSMo 1994, are repealed and five new sections enacted in lieu thereof, to be known as sections 188.015, 188.030, 188.033, 188.035 and 188.075, to read as follows: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 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", an abortion in which the person performing the abortion deliberately and intentionally delivers into the vagina a viable fetus, or a substantial portion thereof, for the purpose of performing a procedure the person knows will kill the fetus, and kills the fetus;
(6) "Physician", any person licensed to practice medicine in this state by the state board of registration of the healing arts;
(7) "Substantial and irreversible impairment of a major bodily function", shall be construed as the phrase was used in the definition of "medical emergency" and was construed in Planned Parenthood v. Casey, 112 S.Ct. 2791 (1992) and Planned Parenthood v. Casey, 947 F.2d 682 (3d Cir. 1991);
[(6)] (8) "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)] (9) "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.
188.030. 1. No abortion of a viable unborn child shall be performed unless necessary to preserve the life or health of the woman. Before a physician may perform an abortion upon a pregnant woman after such time as her unborn child has become viable, such physician shall first certify in writing that the abortion is necessary to preserve the life or health of the woman and shall further certify in writing the medical indications for such abortion and the probable health consequences.
2. Any physician who performs an abortion upon a woman carrying a viable unborn child shall utilize the available method or technique of abortion most likely to preserve the life and health of the unborn child. In cases where the method or technique of abortion which would most likely preserve the life and health of the unborn child would present a greater risk to the life and health of the woman than another available method or technique, the physician may utilize such other method or technique. In all cases where the physician performs an abortion upon a viable unborn child, the physician shall certify in writing the available method or techniques considered and the reasons for choosing the method or technique employed.
3. An abortion of a viable unborn child shall be performed or induced only when there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for a child born as a result of the abortion. During the performance of the abortion, the physician performing it, and subsequent to the abortion, the second physician required by this section to be in attendance, shall take all reasonable steps in keeping with good medical practice, consistent with the procedure used, to preserve the life and health of the viable unborn child; provided that it does not pose an increased risk to the life or health of the woman.
188.033. 1. No person shall perform a partial birth abortion except a physician, and then only if, on the basis of the physician's good faith clinical judgment, a partial birth abortion is necessary to save the life of the mother or to prevent a substantial and irreversible impairment of a major bodily function of the mother.
2. Notwithstanding any other provision of the law to the contrary, a woman upon whom a partial birth abortion is performed shall not be prosecuted pursuant to this section or any other state law which would otherwise impose criminal responsibility on such woman for the performance of a partial birth abortion.
3. Any person who violates the provisions of subsection 1 of this section is guilty of a class A felony.
4. A physician charged with a violation of this section may request a hearing before the state board of healing arts in order to determine whether the physician's conduct was necessary to save the life of the mother or to prevent a substantial and irreversible impairment of a major bodily function of the mother. Upon motion of the physician, the court shall grant a continuance of a criminal prosecution until such time as the state board of healing arts issues its findings in the matter, not to exceed one year. The findings of the state board of healing arts shall be admissible in the criminal prosecution against the physician.
188.035. Whoever, with intent to do so, shall take the life of a child aborted alive[, shall be] is guilty of murder [of] in the second degree.
188.075. Any person who contrary to the provisions of sections 188.010 to 188.085 knowingly performs or aids in the performance of any abortion or knowingly fails to perform any action required by sections 188.010 to 188.085 [shall be] is guilty of a class A misdemeanor, unless a different penalty is specifically provided, and, upon conviction, shall be punished as provided by law.