[Corrected Copy]

[First Reprint]

ASSEMBLY, No. 2409

STATE OF NEW JERSEY

INTRODUCED OCTOBER 7, 1996

By Assemblywoman FARRAGHER, Assemblyman KELLY, Assemblywoman J.Smith, Assemblymen Rooney, Kavanaugh, Felice, Bucco, Garrett, Gregg, Assemblywoman Wright, Assemblymen Barnes, Arnone, Cottrell, Asselta, Carroll, Assemblywoman Crecco, Assemblymen Rocco, Doria, Steele, Corodemus, Malone, Gibson, Bodine, Augustine, Assemblywoman Heck, Assemblymen Roberts, Talarico and DiGaetano

An Act prohibiting the performance of partial-birth abortions and supplementing Title 2A of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. This act shall be known and may be cited as the "Partial-Birth Abortion Ban Act of ¹[1996] 1997¹."

    2. a. No physician licensed in this State, other licensed health care professional authorized to perform abortions in this State, or ambulatory care facility licensed in this State shall perform a partial-birth abortion and thereby kill a human fetus.

    b. The provisions of subsection a. of this section shall not apply to a partial-birth abortion that is necessary to save the life of the mother whose life is endangered by a physical disorder, illness or injury ¹[when no other medical procedure would suffice for that purpose]¹.

    c. A physician or other health care professional licensed pursuant to Title 45 of the Revised Statutes who knowingly performs a partial-birth abortion in violation of this act shall be subject to immediate revocation of his professional license by the appropriate licensing board and subject to a penalty of $25,000 for each incident.

    d. An ambulatory health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) in which a partial-birth abortion is performed in violation of this act shall be subject to immediate revocation of its license by the Department of Health and Senior Services.

    e. As used in this act, "partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living human fetus before killing the fetus and completing the delivery.

    ¹f. As used in subsection e. of this section "vaginally delivers a living human fetus before killing the fetus" means deliberately and intentionally delivering into the vagina a living fetus, or a substantial portion thereof, for the purpose of performing a procedure the physician or other health care professional knows will kill the fetus, and the subsequent killing of the human fetus.¹

    3. A woman upon whom a partial-birth abortion is performed shall be immune from civil or criminal liability for a violation of the provisions of this act.

    4. This act shall take effect immediately.

Prohibits partial-birth abortions except when necessary to save the life of the mother.