98RS SB121

SB121

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SB 121 (BR 1032) - D. Boswell, W. Blevins, C. Borders, T. Buford, E. Harris, P. Herron Jr, R. Leeper, V. McGaha, V. Moore, J. Pendleton, T. Philpot, A. Robinson, R. Roeding, J. Rose, R. Sanders Jr, D. Seum, E. Tori, J. Westwood, G. Williams

     AN ACT relating to abortion.
     Amend KRS 311.720 to establish the definitions of "partial-birth abortion" and "vaginally delivers a living fetus before killing the fetus"; create a new section of KRS 311.710 to 311.820 to criminalize partial-birth abortion; amend KRS 311.595 to permit the suspension or revocation of a license to practice medicine held by a person who performs a partial-birth abortion; amend KRS 311.990 to establish a crime of a Class D felony for a physician who performs a partial-birth abortion; establish the defense that the partial-birth abortion was necessary to save the life of the mother; involve the State Board of Medical Licensure in deciding whether the partial-birth abortion was necessary to save the life of the mother; require that any person, other than a physician, who performs a partial-birth abortion, shall not be prosecuted under the Act but shall be prosecuted under the provisions of law which prohibit any person, other than a physician, from performing an abortion.

SB 121 - AMENDMENTS


     SFA (1, E. Rose) - Add "to protect the health of the mother" to the circumstances when it is suitable to perform a partial-birth abortion.
     HFA (1, K. Stein) - Delete criminal provisions for a physician who performs a partial birth abortion.
     HFA (2, E. Jordan) - Establish a defense to the crime of partial-birth abortion that the partial-birth abortion was necessary to save the life of the mother, whose life was endangered by a serious emotional harm.
     HFA (3, K. Stein) - Provide an exception for a mother with the risk of serious harm if she carries the fetus.
     HFA (4, K. Stein) - Provide exception for a fetus with a fetal anomaly.
     HFA (5, K. Stein) - Provide exception for serious risk of harm to mother or fetal anomaly of child.
     HFA (6, K. Stein) - Provide exception if mother's life is endangered by physical disorder, illness, or injury.
     HFA (7, K. Stein) - Provide an exception for an order granting consent for the abortion by the court.
     HFA (8, K. Stein) - Provide exception for partial-birth abortion performed after 24 weeks.
     HFA (9, K. Stein) - Provide exception if the pregnancy has resulted from an incident of rape or incest.
     HFA (10, K. Stein) - Change definition of partial birth abortion from living to viable.
     HFA (11, K. Stein) - Delete penalties for performing partial birth abortion.
     HFA (12, S. Johns) - Provide exception from partial-birth abortion ban for fetus diagnosed as anencephalic.
     HFA (13, S. Johns) - Amend the definitions of both "partial-birth abortion" and "vaginal deliver" to provide an exception when a fetus in the vagina is diagnosed by either one (1) or more obstetricians or gynecologists as being anencephalic; add another definition in the list to include the term, "anecephaly".
     HFA (14, K. Stein) - Define partial birth abortion.
     HFA (15, C. Geveden) - Define anencephalic and provide exception to prohibition on partial birth abortion if baby is anacephalic.
     HFA (16, C. Geveden) - Make effective date January 1, 2000.
     HFA (17, G. Lindsay) - Prohibit use of state resources to defend constitutionality of act.

     Jan 12-introduced in Senate
     Jan 13-to Judiciary (S)
     Feb 18-reported favorably, 1st reading, to Calendar
     Feb 19-2nd reading, to Rules
     Feb 20-posted for passage in the Regular Orders of the Day for February 23, 1998
     Feb 23-floor amendment (1) filed; 3rd reading, passed 34-2
     Feb 24-received in House
     Feb 25-to Judiciary (H)
     Mar 9-posted in committee
     Mar 19-reported favorably, 1st reading, to Calendar
     Mar 20-floor amendments (1) (2) (3) (4) (5) (6) (7) (8) and (9) filed; 2nd reading, to Rules
     Mar 23-floor amendments (10) (11) (12) (13) and (14) filed
     Mar 25-posted for passage in the Regular Orders of the Day for March 26, 1998
     Mar 27-floor amendment (15) filed
     Mar 30-floor amendments (16) and (17) filed
     Apr 1-3rd reading; floor amendments (1) (14) (15) (16) and (17) defeated; passed 80-13
     Apr 2-received in Senate; enrolled, signed by each presiding officer, delivered to Governor
     Apr 14-signed by Governor


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