COMMITTEE ACTION: Voted "do pass" by the Committee on Criminal Law by a vote of 11 to
The substitute prohibits physicians from performing partial birth abortions unless necessary to
preserve the life of the mother. Any physician who performs a partial birth abortion when it is
not necessary to save the life of the mother is guilty of a class D felony.
The substitute also defines partial birth abortion as a method or technique of abortion in which
the person performing the abortion partially vaginally delivers a living fetus before intentionally
killing the infant and completing delivery.
FISCAL NOTE: No impact on state funds.
PROPONENTS: Supporters say that a partial birth abortion is never medically necessary.
Testifying for the bill were Senator Kinder; Dr. Robert Ferris; Campaign Life of Missouri;
Missouri Family Network; Family Policy Center; Missouri Eagle Forum; and Missouri Catholic
OPPONENTS: Those who oppose the bill say that the legislation is unconstitutionally vague. In
addition, a recent federal district court decision from the state of Ohio indicated that prior to the
viability of a fetus the state may not establish an abortion prohibition. This decision reinforces
the United States Supreme Court decision of Roe v Wade.
Testifying against the bill were Missouri NARAL; Missouri Alliance For Choice; American
Civil Liberties Union; and Capitol Women's Political Caucus.
Michael Warrick, Research Analyst