Partial-Birth Abortion Ban Act of 2003

Fact Sheet API

Bill Number

S 3

Introduced

Feb 14, 2003

Latest Action

Became Public Law No: 108-105.

Sponsor

Cosponsors

Topics

Abortion Administrative remedies Civil actions and liability Conspiracy Crime and Law Enforcement Criminal liability Damages Evidence (Law) Families Fathers Fetus Fines (Penalties) Government Operations and Politics Grandparents Health Law Medical ethics Mothers Osteopathy and osteopaths Peer review organizations (Medicine) Physicians Prosecution Sentences (Criminal procedure) Supreme Court decisions Women Women's health

Full Text

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Votes

Summary

(This measure has not been amended since the Conference Report was filed in the House on September 30, 2003. The summary of that version is repeated here.)

Partial-Birth Abortion Ban Act of 2003 - Amends the Federal criminal code to prohibit any physician or other individual from knowingly performing a partial-birth abortion, except when necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury.

Defines a "partial-birth abortion" as an abortion in which the person performing the abortion: (1) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the mother's body, or, in the case of a breech presentation, any part of the fetal trunk past the navel is outside the mother's body; and (2) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.

Authorizes the father, if married to the mother at the time of the abortion, and the maternal grandparents of the fetus, if the mother is under 18 years of age, to obtain specified relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.

Authorizes a defendant accused of an offense under this Act to seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother.

Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.

Actions

Nov 5, 2003

Became Public Law No: 108-105.
Nov 5, 2003

Signed by President.
Oct 28, 2003

Presented to President.
Oct 22, 2003

Message on Senate action sent to the House.
Oct 21, 2003

Senate agreed to conference report by Yea-Nay Vote. 64 - 34. Record Vote Number: 402.
Oct 21, 2003

Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 64 - 34. Record Vote Number: 402.
Oct 21, 2003

Conference report considered in Senate. (consideration: CR S12914-12948)
Oct 2, 2003

Conference papers: message on House action held at the desk in Senate.
Oct 2, 2003

On agreeing to the conference report Agreed to by the Yeas and Nays: 281 - 142 (Roll no. 530). (consideration: CR H9155)
Oct 2, 2003

Motions to reconsider laid on the table Agreed to without objection.
Oct 2, 2003

Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 281 - 142 (Roll no. 530).(consideration: CR H9155)
Oct 2, 2003

The previous question was ordered without objection.
Oct 2, 2003

DEBATE - The House proceeded with one hour of debate on the conference report to accompany S. 3.
Oct 2, 2003

Mr. Sensenbrenner brought up conference report H. Rept. 108-288 for consideration under the provisions of H. Res. 383. (consideration: CR H9142-9155)
Oct 2, 2003

Rule H. Res. 383 passed House.
Oct 1, 2003

Rules Committee Resolution H. Res. 383 Reported to House. Rule provides for consideration of the conference report to S. 3. All points of order against the conference report and against its consideration are waived. The conference report shall be considered as read when called up for consideration.
Sep 30, 2003

Conferees agreed to file conference report.
Sep 30, 2003

Conference committee actions: Conferees agreed to file conference report.
Sep 30, 2003

Conference papers: Senate report and manager's statement held at the desk in Senate.
Sep 30, 2003

Conference report H. Rept. 108-288 filed. (text of conference report: CR H8991-8996)
Sep 30, 2003

Conference report filed: Conference report H. Rept. 108-288 filed.(text of conference report: CR H8991-8996)
Sep 25, 2003

The Speaker appointed conferees: Chabot and Lofgren.
Sep 23, 2003

Message on Senate action sent to the House.
Sep 22, 2003

Senate appointed conferees Hatch, DeWine, Santorum, Feinstein, Boxer.
Sep 17, 2003

Under authority of the order of July 30, 2003, Senate disagreed to House amendment to the Senate bill and agreed to request for conference.
Sep 17, 2003

Motion to disagree to House amendment to Senate bill agreed to by Yea-Nay Vote. 93 - 0. Record Vote Number: 351. (consideration: CR S11589-11601, S11614-11620)
Jun 5, 2003

Message on House action received in Senate and at desk: House amendment to Senate bill and House requests a conference.
Jun 4, 2003

The Speaker appointed conferees - from the Committee on the Judiciary for consideration of the Senate bill and the House amendment, and modifications committed to conference: Sensenbrenner, Hyde, and Nadler.
Jun 4, 2003

Motion to reconsider laid on the table Agreed to without objection.
Jun 4, 2003

On motion that the House instruct conferees Agreed to by voice vote.
Jun 4, 2003

The previous question was ordered without objection.
Jun 4, 2003

DEBATE - The House proceeded with one hour of debate on the motion to instruct conferees. The instructions contained in the motion seek to require that the managers on the part of the House insist that (1) the committee of conference allow opportunity for members of the committee of conference to offer and debate amendments at all meetings of such conference; and (2) all meetings of the committee of conference (A) be open to the public and to the print and electronic media; and (B) be held in venues selected to maximize the capacity for attendance of the public and the media.
Jun 4, 2003

Mr. Nadler moved that the House instruct conferees. (consideration: CR H4953; text: CR H4953)
Jun 4, 2003

On motion that the House insist upon its amendment, and request a conference Agreed to by voice vote.
Jun 4, 2003

Mr. Sensenbrenner moved that the House insist upon its amendment, and request a conference.
Jun 4, 2003

A similar measure H.R. 760 was laid on the table without objection.
Jun 4, 2003

On passage Passed without objection. (text: CR H4951-4953)
Jun 4, 2003

Passed/agreed to in House: On passage Passed without objection.(text: CR H4951-4953)
Jun 4, 2003

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 760. Agreed to without objection.
Jun 4, 2003

Rule provides for consideration of H.R. 760 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Section 2 of the rule provides that after passage of H.R. 760, it shall be in order to take from the Speaker's table S. 3, the Partial-Birth Abortion Act of 2003, and to consider the Senate bill in the House. The rule further provides for a motion to strike all after the enacting clause of S. 3 and to insert in lieu thereof the provisions of H.R. 760 as passed by the House and waives all points of order against the motion to strike and insert. Measure will be considered read. A specified amendment is in order.
Jun 4, 2003

Considered under the provisions of rule H. Res. 257. (consideration: CR H4951-4953)
Mar 13, 2003

Held at the desk.
Mar 13, 2003

Received in the House.
Mar 13, 2003

Message on Senate action sent to the House.
Mar 13, 2003

Passed Senate with an amendment by Yea-Nay Vote. 64 - 33. Record Vote Number: 51. (text of measure as passed Senate: CR S3658-3660)
Mar 13, 2003

Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 64 - 33. Record Vote Number: 51.(text of measure as passed Senate: CR S3658-3660)
Mar 13, 2003

Considered by Senate. (consideration: CR S3653-3662)
Mar 12, 2003

Motion by Senator Boxer to commit to Senate Committee on the Judiciary with instructions rejected in Senate by Yea-Nay Vote. 42 - 56. Record Vote Number: 47.
Mar 12, 2003

Motion by Senator Boxer to commit to Senate Committee on the Judiciary with instructions made in Senate.
Mar 12, 2003

Considered by Senate. (consideration: CR S3560-3614)
Mar 11, 2003

Considered by Senate. (consideration: CR S3422-3429, S3454, S3456-3463, S3482-3494)
Mar 10, 2003

Measure laid before Senate by unanimous consent. (consideration: CR S3383-3389, S3390-3399)
Feb 24, 2003

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 19.
Feb 14, 2003

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Feb 14, 2003

Sponsor introductory remarks on measure. (CR S2522-2523)
Feb 14, 2003

Introduced in Senate

Amendments

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