2011 House Bill 4109

Ban “partial birth abortion”

Introduced in the House

Jan. 20, 2011

Introduced by Rep. Kevin Daley (R-82)

To prohibit “partial birth abortions” as defined in the bill, unless in a physician's reasonable medical judgment a partial-birth abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury. The bill does not specify a "health of the mother" exception. Violation would be subject the abortion provider (but not the mother) to up to two years in prison and a $50,000 fine; the father could sue the physician for damages (but could not sue the mother). The bill contains a detailed list of “legislative findings” regarding this practice.

Referred to the Committee on Families, Children and Seniors

June 21, 2011

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Sept. 20, 2011

Substitute offered by Rep. Marilyn Lane (D-31)

To replace the previous version of the bill with one that removes the list of "legislative findings," and just includes the actual provisions of the proposed new law, minus the associated commentary.

The substitute passed by voice vote

Amendment offered by Rep. Kate Segal (D-62)

To tie-bar the bill a series of Democratic bills that would, among other things, impose new contraceptive, infertility treatment, and pap smear coverage insurance mandates, mandate additional sex education classes in schools, impose new "crisis pregnancy center" regulations, create a state morning-after pill PR campaign, and more. See House Bills 4805 to 4814. "Tie bar" means this bills can't become law unless those ones also become law.

The amendment failed 37 to 71 (details)

Amendment offered by Rep. Stacy Erwin Oakes (D-95)

To establish in statute that "every individual has a fundamental right to contraceptives".

The amendment failed by voice vote

Amendment offered by Rep. Marcia Hovey-Wright (D-92)

To exempt pregnancies that are the result of incest or rape from the proposed partial birth abortion ban.

The amendment failed by voice vote

Amendment offered by Rep. Dian Slavens (D-21)

To add a "health of the mother" exception to the proposed partial birth abortion ban.

The amendment failed by voice vote

Amendment offered by Rep. Joan Bauer (D-68)

To create an exemption from the proposed partial birth abortion ban "when a physician is treating a pregnancy loss".

The amendment failed by voice vote

Amendment offered by Rep. Lisa Brown (D-39)

To limit the proposed ban to pregnancies in the "post-viability" stage, defined as, in the judgment of a doctor, "there is reasonable likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures".

The amendment failed by voice vote

Sept. 21, 2011

Passed in the House 75 to 33 (details)

To prohibit “partial birth abortions” as defined in the bill, unless in a physician's reasonable medical judgment a partial-birth abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury. The bill does not specify a "health of the mother" exception. Violation would be subject the abortion provider (but not the mother) to up to two years in prison and a $50,000 fine; the father could sue the physician for damages (but could not sue the mother).

Received in the Senate

Sept. 22, 2011

Referred to the Committee on Judiciary

Oct. 4, 2011

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Nov. 8, 2011

Referred to the Committee on Reforms, Restructuring, and Reinventing