ID S1049

Physicians who knowingly perform partial-birth abortions are subject to penalties in section 18-605, with an exception only when necessary to save the mother's life from physical disorder, physical illness, or physical injury, including life-endangering conditions caused by pregnancy.

Defines partial-birth abortion as deliberately and intentionally vaginally delivering a living fetus before killing it until the entire fetal head is outside the mother's body (head-first) or any fetal trunk part past the navel is outside (breech presentation), for the purpose of performing an act that kills the partially delivered fetus.

The father of the aborted fetus (if married to the mother) or maternal grandparents (if mother is under 18) may bring civil actions for appropriate relief, including damages for mental and physical injuries and treble damages equal to three times the cost of the abortion procedure.

A physician accused of violating this section may request a hearing before the state board of medicine to determine if the abortion was necessary to save the mother's life, with findings being admissible in subsequent criminal and civil trials and the court able to delay trials up to 30 days for the hearing.

A woman on whom a partial-birth abortion is performed shall not be prosecuted for violations of this section or related abortion statutes.