SENATE, No. 1668

 

STATE OF NEW JERSEY

 

INTRODUCED NOVEMBER 7, 1996

 

 

By Senators SCOTT, CARDINALE, Inverso, Kyrillos, Cafiero, Littell, O'Connor and Schluter

 

 

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 1996."

 

     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 when no other medical procedure would suffice for that purpose.

    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.

 

    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.

 

 

STATEMENT

 

    This bill, the "Partial-Birth Abortion Ban Act of 1996," prohibits a physician licensed in this State, other licensed health care professional authorized to perform abortions in this State, or an ambulatory care facility licensed in this State from performing a partial-birth abortion and thereby killing a human fetus, except when such a procedure is necessary to save the life of the mother whose life is endangered by a physical disorder, illness or injury when no other medical procedure would suffice for that purpose.

    A physician or other licensed health care professional who knowingly performs a partial-birth abortion in violation of this bill 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. A licensed ambulatory health care facility in which a partial-birth abortion is performed in violation of this bill shall be subject to immediate revocation of its license by the Department of Health and Senior Services.

    The bill defines "partial-birth abortion" as an abortion in which the person performing the abortion partially vaginally delivers a living human fetus before killing the fetus and completing the delivery.

    Finally, the bill provides that 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 the bill.

 

  

                             

 

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