GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 303

Short Title:  Ban Partial-Birth Abortions.	(Public)

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Sponsors: Representatives Aldridge; Baker, Cansler, Capps, Davis, Decker, Eddins, Hardy, McComas, Rayfield, Sexton, Shubert, Starnes, and Wood.

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Referred to:  Human Resources.

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February 24, 1997

A BILL TO BE ENTITLED
AN ACT TO BAN PARTIAL-BIRTH ABORTIONS.
The General Assembly of North Carolina enacts:
Section 1.   Article 11 of Chapter 14 of the General Statutes is amended by adding a new Part to read:
“Part 2.  Partial-Birth Abortion Ban Act of 1997.
"§ 14-46.1.  Definitions.
The following definitions apply in this Part:
(1)	Partial-birth abortion. – An abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.
(2)	Physician. – A doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state in which the doctor performs such activity, or any other individual legally authorized by the state to perform abortions.
"§ 14-46.2.  Partial-birth abortions prohibited; criminal penalty.
(a)	Unless the conduct is covered by some other provision of law providing greater punishment, any physician who performs a partial-birth abortion and kills a human fetus is guilty of a Class I felony.
(b)	Unless the conduct is covered by some other provision of law providing greater punishment, any person who is not a physician and who performs a partial-birth abortion and kills a human fetus is guilty of a Class I felony.
"§ 14-46.3.  Partial-birth abortions prohibited; civil remedies and penalties.
(a)	The following parties may obtain appropriate relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion:
(1)	The father of the fetus, if the father was married to the mother at the time she received a partial-birth abortion procedure.
(2)	The maternal grandparents of the fetus, if the mother had not attained the age of 18 years at the time of the abortion.
(b)	The civil remedies available under this section include the following:
(1)	Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and
(2)	Statutory damages equal to three times the cost of the partial-birth abortion.
"§ 14-46.4.  Application of Part.
	(a)	This Part does not apply to a physician who performs a partial-birth abortion if:
(1)	The mother's life is endangered by a physical disorder, physical illness, or physical injury; and
(2)	The procedure is necessary to save the life of the mother; and
(3)	No other medical procedure would suffice for that purpose.
(b)	A woman upon whom a partial-birth abortion is performed may not be prosecuted under this Part."
Section 2.  Article 11 of Chapter 14 of the General Statutes is recodified as Part 1 of Article 11 of Chapter 14 of the General Statutes.
Section 3.  This act becomes effective December 1, 1997, and applies to offenses committed on or after that date.