Vote Smart's Synopsis:

Vote to override a veto of a bill that prohibits partial birth/late term abortions, effective January 1, 2013.

Highlights:

• Prohibits any individual from knowingly performing or attempting to perform a “partial birth abortion” (Sec. 2).

• Exempts from the provisions of this bill any “partial birth abortion” that is performed by a physician with a documented referral from another physician and both physicians determine that the life of the woman upon whom the abortion is performed is endangered by a physical disorder, illness, or injury caused by the pregnancy (Sec. 2).

• Defines “partial birth abortion” as the deliberate and intentional vaginal delivery of a living fetus for the purpose of performing an overt act that the person knows will kill the partially delivered fetus (Sec. 2).   

• Classifies the performance of a partial birth/late term abortion in violation of the provisions of this bill as a Class B felony, with the following penalties (Sec. 2):
• A fine between $10,000 and $100,000;
• 1 to 10 years in prison; or
• Both.

• Authorizes the father of the fetus or the parents of the woman upon whom the abortion was performed to bring civil action against the abortion provider unless either of the following are true (Sec. 2):
• The pregnancy was a result of criminal conduct by the father of the fetus or the parents of the woman upon whom the abortion was performed; or
• The father of the fetus or the parents of the woman upon whom the abortion was performed consented to the abortion.

Full Bill Text

Vote Smart's Synopsis:

Vote to override a veto of a bill that prohibits partial birth/late term abortions, effective January 1, 2013.

Highlights:

• Prohibits any individual from knowingly performing or attempting to perform a “partial birth abortion” (Sec. 2).

• Exempts from the provisions of this bill any “partial birth abortion” that is performed by a physician with a documented referral from another physician and both physicians determine that the life of the woman upon whom the abortion is performed is endangered by a physical disorder, illness, or injury caused by the pregnancy (Sec. 2).

• Defines “partial birth abortion” as the deliberate and intentional vaginal delivery of a living fetus for the purpose of performing an overt act that the person knows will kill the partially delivered fetus (Sec. 2).   

• Classifies the performance of a partial birth/late term abortion in violation of the provisions of this bill as a Class B felony, with the following penalties (Sec. 2):
• A fine between $10,000 and $100,000;
• 1 to 10 years in prison; or
• Both.

• Authorizes the father of the fetus or the parents of the woman upon whom the abortion was performed to bring civil action against the abortion provider unless either of the following are true (Sec. 2):
• The pregnancy was a result of criminal conduct by the father of the fetus or the parents of the woman upon whom the abortion was performed; or
• The father of the fetus or the parents of the woman upon whom the abortion was performed consented to the abortion.

Full Bill Text

Vetoed by Governor John Lynch

Vote Smart's Synopsis:

Vote to pass a bill that prohibits partial birth/late term abortions, effective January 1, 2013.

Highlights:

• Prohibits any individual from knowingly performing or attempting to perform a “partial birth abortion” (Sec. 2). 

• Exempts from the provisions of this bill any “partial birth abortion” that is performed by a physician with a documented referral from another physician if both physicians determine that the life of the woman upon whom the abortion is performed is endangered by a physical disorder, illness, or injury caused by the pregnancy (Sec. 2).

• Defines “partial birth abortion” as an abortion in which the individual performing the abortion vaginally delivers a live fetus for the purpose of performing an act that the individual knows will kill the fetus and performs an act, other than completion of delivery, that kills the fetus (Sec. 2).

• Classifies a violation of this bill as a Class B felony, with the following penalties (Sec. 2):
• A fine between $10,000 and $100,000;
• 1 to 10 years in prison; or
• Both.

• Authorizes the father of the fetus or the parents of the woman upon whom the abortion was performed to bring civil action against the abortion provider unless either of the following are true (Sec. 2):
• The pregnancy was a result of criminal conduct by the father of the fetus or the parents of the woman upon whom the abortion was performed; or
• The father of the fetus or the parents of the woman upon whom the abortion was performed consented to the abortion.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits partial birth/late term abortions, effective January 1, 2013.

Highlights:

• Prohibits any individual from knowingly performing or attempting to perform a “partial birth abortion” (Sec. 2). 

• Exempts from the provisions of this bill any “partial birth abortion” that is performed by a physician with a documented referral from another physician if both physicians determine that the life of the woman upon whom the abortion is performed is endangered by a physical disorder, illness, or injury caused by the pregnancy (Sec. 2).

• Defines “partial birth abortion” as an abortion in which the individual performing the abortion vaginally delivers a live fetus for the purpose of performing an act that the individual knows will kill the fetus and performs an act, other than completion of delivery, that kills the fetus (Sec. 2).

• Classifies a violation of this bill as a Class B felony, with the following penalties (Sec. 2):
• A fine between $10,000 and $100,000;
• 1 to 10 years in prison; or
• Both.

• Authorizes the father of the fetus or the parents of the woman upon whom the abortion was performed to bring civil action against the abortion provider unless either of the following are true (Sec. 2):
• The pregnancy was a result of criminal conduct by the father of the fetus or the parents of the woman upon whom the abortion was performed; or
• The father of the fetus or the parents of the woman upon whom the abortion was performed consented to the abortion.

Full Bill Text