A. Any physician who knowingly performs a partial-birth abortion and
thereby kills a human fetus shall be fined Ten Thousand Dollars
($10,000.00), or imprisoned in the State Penitentiary for a period of
not more than two (2) years, or by both such fine and imprisonment.
This subsection shall not apply to a partial-birth abortion that is
necessary to save the life of a mother whose life is endangered by a
physical disorder, illness or injury.
B. Definitions. As used in this section:
1. "Partial-birth abortion" means an abortion in which the person
performing the abortion partially vaginally delivers a living fetus
before killing the fetus and completing the delivery.
2. "Physician" means a doctor of medicine or osteopathy legally
authorized to practice medicine and surgery by the state, or any other
individual legally authorized by the state to perform abortions;
provided, however, that any individual who is not a physician or not
otherwise legally authorized by the state to perform abortions, but
who nevertheless directly performs a partial-birth abortion, shall be
subject to the provisions of this section.
3. "Vaginally delivers a living fetus before killing the fetus" means
deliberately and intentionally delivers into the vagina a living fetus
or a substantial portion thereof, for the purpose of performing a
procedure the physician knows will kill the fetus, and kills the
C. Civil Action:
1. The father, if married to the mother at the time she receives a
partial-birth abortion procedure, and if the mother has not attained
the age of eighteen (18) years at the time of the abortion, the
maternal grandparents of the fetus, may in a civil action obtain
appropriate relief, unless the pregnancy resulted from the plaintiff's
criminal conduct or the plaintiff consented to the abortion.
2. Such relief shall include money damages for all injuries,
psychological and physical, occasioned by the violation of this
section, and statutory damages equal to three times the cost of the
D. Review by State Board of Medical Licensure and Supervision:
1. A defendant accused of an offense under this section may seek a
hearing before the State Board of Medical Licensure and Supervision on
whether the physician's conduct was necessary to save the life of the
mother whose life was endangered by a physical disorder, illness or
2. The findings on that issue are admissible at the trial of the
defendant. Upon a motion of the defendant, the court shall delay the
beginning of the trial for not more than thirty (30) days to permit
such a hearing to take place.
E. A woman upon whom a partial-birth abortion is performed may not be
prosecuted under this section or for a conspiracy to violate this