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H.470

Introduced by Representative Sheltra of Derby and Barney of Highgate

Referred to Committee on

Date:

Subject: Health; partial-birth abortions; prohibition

Statement of purpose: This bill proposes to prohibit partial-birth abortions after the 20th week of pregnancy.

AN ACT TO PROHIBIT PARTIAL-BIRTH ABORTIONS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 13 V.S.A. § 106 is added to read:

§ 106. PARTIAL-BIRTH ABORTIONS; PROHIBITION; CRIMINAL AND CIVIL PENALTIES

(a) For the purpose of this section:

(1) "Abortion" means the use or prescription of any instrument, medicine, drug or any other substance or device used to intentionally terminate the pregnancy of a woman known to be pregnant.

(2) "Fetus" means human fetus or human infant.

(3) "Partial-birth abortion" means an abortion involving partial completion ofvaginal delivery of a living human fetus during which the infant is killed before the delivery is completed.

(b) It shall be unlawful to perform or attempt to perform a partial-birth abortion unless, in the best judgment of the attending or referring physician, the partial-birth abortion is medically necessary to save the life of a mother because her life is endangered by a physical disorder, physical illness or physical injury, including a life-threatening condition caused by or arising from the pregnancy, provided that no other medical procedure is available to save the life of the mother.

(c) Any person who performs a partial-birth abortion in violation of this section shall be fined not more than $10,000.00 or imprisoned not more than three years, or both.

(d) In addition to the criminal penalties provided in subsection (c) of this section, the woman who has undergone the abortion, the father of the aborted fetus, or, if the mother of the fetus was under the age of 18, the maternal grandparents of the fetus who are aggrieved by the performance of a partial-birth abortion performed in violation of subsection (b) of this section may bring a civil action in superior court for compensatory damages, statutory damages in the amount of three times the cost of the partial-birth abortion, and reasonable attorney fees and costs.