HCS HB 154, 514 & 545 -- PARTIAL BIRTH ABORTION

SPONSOR:  Hosmer (Chrismer)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 10 to 5.

The substitute makes it a class D felony for a physician to
perform a partial birth abortion unless necessary to preserve
the life of the mother or to protect the mother from severe,
long-term physical injury or physical disability.  The
substitute defines partial birth abortion.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that partial birth abortions are
never medically necessary.  Partial birth abortion is a 3 day
procedure that is typically undertaken in the 20th to 26th week
of a pregnancy.  The procedure is extremely cruel in that the
fetus is partially vaginally delivered and subsequently the
fetus's skull is penetrated and the brain is removed by
suction.  At present there are approximately 3,000 to 4,000
partial birth abortions performed annually in the United States.

Testifying for the bill were Representatives Treadway,
Luetkenhaus, Edwards-Pavia, and Chrismer; Dr. Elizabeth Londino;
Dr. Mark Stegman; Dr. Robert Miller; Missouri Catholic
Conference; Missouri Right To Life; Campaign Life, Missouri
Chapter; Missouri Eagle Forum; Family Policy Center; and
Physicians Ad Hoc Coalition On Truth.

OPPONENTS:  Those who oppose the bill say that the legislation
is unconstitutionally vague in that it describes delivery and
not viability.  The legislation is also unconstitutionally broad
and may conflict with current law pursuant to decisions of the
Supreme Court.  In addition, the legislation should provide for
the life and health of the mother as allowed by the United
States Supreme Court.  Finally, the term partial birth abortion
is not a medical term but a political term.  The medical term
for the medical procedure is an intact dilation and extraction.
procedure.

Testifying against the bill were Missouri Alliance For Choice;
Dr. Charlene Adkins; Kathi Foy; National Organization of Women,
Missouri Chapter; Missouri Religious Coalition/Reproductive
Choice; and Capitol Women's Political Caucus.

Michael Warrick, Research Analyst

HB 154 -- Partial-Birth Abortion

Sponsor:  Chrismer

The bill prohibits a physician or a person under the supervision
of a physician from performing a partial-birth abortion unless
it is necessary to save the life of the woman.

The bill also:

(1) Makes a person who knowingly performs a partial-birth
abortion guilty of a felony punishable by a term of imprisonment
not to exceed 2 years or a fine not to exceed $3,000;

(2) Requires a physician or a person under the supervision of
the physician to inform the woman of the possible dangers,
complications, and health risks of a partial-birth abortion;

(3) Allows the mother, father, or the maternal grandparents of a
woman under the age of 18, to bring a civil action against the
person performing the abortion for money damages the equivalent
of psychological and physical injuries, and money damages equal
to 3 times the cost of the partial-birth abortion;

(4) Establishes an affirmative defense for the physician
performing the partial-birth abortion showing beyond a
reasonable doubt that the partial-birth abortion was medically
necessary to save the life of the woman, and no other form of
abortion was available; and

(5) Defines a partial-birth abortion.