SCS/HS/HCS/HB 1441, 937 & 1795 - This act modifies provisions of law pertaining to abortion and establishes the crime of infanticide.

ABORTION - The act defines the phrase "necessary to preserve the life of or prevent serious health injury to the mother" as used in chapter 188, RSMo, applicable to all abortions of viable unborn children. The conditions creating the necessity for an abortion are conditions that:

(1) Create a risk of death, serious physical injury or serious psychological injury to the mother;

(2) Are caused or aggravated by the pregnancy;

(3) Are medically diagnosable;

(4) Present an imminent risk or conditions that will exist for the duration of the pregnancy;

(5) Will be ameliorated by terminating the pregnancy; and

(6) For which no other means of terminating the pregnancy are reasonably available other than to kill the child. The terms "serious psychological injury" and "serious physical injury are defined in the act.

The burden of introducing the necessity of an abortion is placed on the defendant. Violation of the section is a class A felony.

INFANTICIDE - This act creates the crime of infanticide, defined as knowingly causing the delivery of an intact, living infant in order to kill the infant during birthing, and killing such infant while partially born, unless necessary to save the life of the mother. The burden of introducing this necessity is placed on the defendant. The mother is not criminally liable under this section. Violation of the section is a Class A felony.

"Living infant" is defined as a child, born or unborn, who has respiration or circulation of the brain function, and is not determined dead under Section 194.005, RSMo.

"Partially born" is defined as when the head, or any portion of the torso above the navel of a living child, if vaginally delivered, is outside the external cervical os. If a caesarean delivery, then outside the external abdominal wall. CHARLES HATCHER/DAVID VALENTINE