S 3 · 108th Congress 2003–2005, ended

Partial-Birth Abortion Ban Act of 2003

Introduced Feb 14, 2003 Originated Senate Became Public Law 108-105 Sponsor Rick Santorum R-PA

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

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedFeb 14, 2003
Passed SenateMar 13, 2003
Passed HouseJun 4, 2003
To the PresidentOct 28, 2003
Became lawNov 5, 2003Public Law 108-105

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.

Recorded votes 5

Newest first. Open one to see how every member voted.

Roll call	Question	Result	Date
Senate 402	On the Conference Report S. 3	Conference Report Agreed to64–34	Oct 21, 2003

House 530	On Agreeing to the Conference Report	Passed281–142	Oct 2, 2003

Senate 351	On the Motion (Motion to Disagree To The Amendment Of The House To S.3 )	Motion Agreed to93–0	Sep 17, 2003

Senate 51	On Passage of the Bill S. 3	Bill Passed64–33	Mar 13, 2003

Senate 47	On the Motion (Boxer Motion To Commit S. 3 To The Judiciary Committee With Instructions)	Motion Rejected42–56	Mar 12, 2003

Cosponsors 45

Members who signed on, in the order they did. Signatures ran from Feb 14, 2003 to Mar 11, 2003; 38 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
R-CO	Ben Nighthorse Campbell	Original	Feb 14, 2003
R-MO	Christopher S. Bond	Original	Feb 14, 2003
R-IA	Chuck Grassley	Original	Feb 14, 2003
R-NE	Chuck Hagel	Original	Feb 14, 2003
R-WY	Craig Thomas	Original	Feb 14, 2003
R-OK	Don Nickles	Original	Feb 14, 2003
R-NC	Elizabeth Dole	Original	Feb 14, 2003
R-VA	George Allen	Original	Feb 14, 2003
R-OH	George V. Voinovich	Original	Feb 14, 2003
R-OR	Gordon H. Smith	Original	Feb 14, 2003
R-OK	James M. Inhofe	Original	Feb 14, 2003
R-AL	Jeff Sessions	Original	Feb 14, 2003
R-KY	Jim Bunning	Original	Feb 14, 2003
R-MO	Jim Talent	Original	Feb 14, 2003
R-TX	John Cornyn	Original	Feb 14, 2003

Show all 45 cosponsors

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Judiciary Committee	Exchange of letters Oct 29, 2003Exchange of letters Dec 1, 2003Exchange of letters Dec 15, 2003

Actions 50

Everything that happened, newest first.

Nov 5, 2003Signed by President.
Nov 5, 2003Became Public Law No: 108-105.
Oct 28, 2003Presented to President.
Oct 22, 2003Message on Senate action sent to the House.
Oct 21, 2003Conference report considered in Senate. (consideration: CR S12914-12948)
Oct 21, 2003Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 64 - 34. Record Vote Number: 402.
Oct 2, 2003Rule H. Res. 383 passed House.
Oct 2, 2003Mr. Sensenbrenner brought up conference report H. Rept. 108-288 for consideration under the provisions of H. Res. 383. (consideration: CR H9142-9155)
Oct 2, 2003DEBATE - The House proceeded with one hour of debate on the conference report to accompany S. 3.
Oct 2, 2003The previous question was ordered without objection.
Oct 2, 2003Conference 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, 2003Motions to reconsider laid on the table Agreed to without objection.
Oct 2, 2003Conference papers: message on House action held at the desk in Senate.
Oct 1, 2003Rules 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, 2003Conference report filed: Conference report H. Rept. 108-288 filed. (text of conference report: CR H8991-8996)
Sep 30, 2003Conference papers: Senate report and manager's statement held at the desk in Senate.
Sep 30, 2003Conference committee actions: Conferees agreed to file conference report.
Sep 25, 2003The Speaker appointed conferees: Chabot and Lofgren.
Sep 23, 2003Message on Senate action sent to the House.
Sep 22, 2003Senate appointed conferees Hatch, DeWine, Santorum, Feinstein, Boxer.
Sep 17, 2003Motion 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)
Sep 17, 2003Under authority of the order of July 30, 2003, Senate disagreed to House amendment to the Senate bill and agreed to request for conference.
Jun 5, 2003Message on House action received in Senate and at desk: House amendment to Senate bill and House requests a conference.
Jun 4, 2003Considered under the provisions of rule H. Res. 257. (consideration: CR H4951-4953)
Jun 4, 2003Rule 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, 2003The 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, 2003Passed/agreed to in House: On passage Passed without objection. (text: CR H4951-4953)
Jun 4, 2003A similar measure H.R. 760 was laid on the table without objection.
Jun 4, 2003Mr. Sensenbrenner moved that the House insist upon its amendment, and request a conference.
Jun 4, 2003On motion that the House insist upon its amendment, and request a conference Agreed to by voice vote.
Jun 4, 2003Mr. Nadler moved that the House instruct conferees. (consideration: CR H4953; text: CR H4953)
Jun 4, 2003DEBATE - 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, 2003The previous question was ordered without objection.
Jun 4, 2003On motion that the House instruct conferees Agreed to by voice vote.
Jun 4, 2003Motion to reconsider laid on the table Agreed to without objection.
Jun 4, 2003The 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.
Mar 13, 2003Considered by Senate. (consideration: CR S3653-3662)
Mar 13, 2003Passed/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, 2003Message on Senate action sent to the House.
Mar 13, 2003Received in the House.
Mar 13, 2003Held at the desk.
Mar 12, 2003Considered by Senate. (consideration: CR S3560-3614)
Mar 12, 2003Motion by Senator Boxer to commit to Senate Committee on the Judiciary with instructions made in Senate.
Mar 12, 2003Motion 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 11, 2003Considered by Senate. (consideration: CR S3422-3429, S3454, S3456-3463, S3482-3494)
Mar 10, 2003Measure laid before Senate by unanimous consent. (consideration: CR S3383-3389, S3390-3399)
Feb 24, 2003Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 19.
Feb 14, 2003Introduced in Senate
Feb 14, 2003Sponsor introductory remarks on measure. (CR S2522-2523)
Feb 14, 2003Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

In the Congressional Record 30

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
Senate	Debate and remarks S4013	Rick Santorum R-PA	Apr 8, 2004
Extensions	Debate and remarks E2436	Zoe Lofgren D-CA	Nov 23, 2003
House · Senate	Debate and remarks H11123, S14261	Frank R. Lautenberg D-NJ, Scott Garrett R-NJ	Nov 7, 2003
House · Extensions	Debate and remarks E2254, H10462	Jeb Hensarling R-TX, Mike Pence R-IN	Nov 6, 2003
House	Debate and remarks H10347	John Boozman R-AR	Nov 5, 2003

Show all 30 days

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

H. Rept. 108-288

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Number	Hearing	Committee	Held
—	PARTIAL-BIRTH ABORTION BAN ACT OF 2003283 pages	Judiciary Committee	Mar 25, 2003

CRS reports 5

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 5

Products on other subjects that cite it, usually among other measures.

Product	Title	Kind	Published
RL31943	Budget Enforcement Procedures: The Senate Pay-As-You-Go (PAYGO) Rule	Report	Jan 9, 2023
RL33467	Abortion: Judicial History and Legislative Response	Report	Feb 25, 2022
95-724	Abortion Law Development: A Brief Overview Archived	Report	Jan 15, 2009
RL32309	Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies Archived	Report	Jan 12, 2005
RL31740	Cuba: Issues for the 108th Congress Archived	Report	Dec 2, 2004

Amendments 4

Amendments offered to this bill.

Amendment	Description	Offered by	Status
SA 258	To improve the availability of contraceptives for women.	Patty Murray D-WA	Amendment SA 258 ruled out of order by the chair.
SA 259	In the nature of a substitute.	Richard J. Durbin D-IL	Motion to table amendment SA 259 agreed to in Senate by Yea-Nay Vote. 60 - 38. Record Vote Number: 46.
SA 260	To express the sense of the Senate concerning the decision of the Supreme Court in Roe v. Wade.	Tom Harkin D-IA	Amendment SA 260 agreed to in Senate by Yea-Nay Vote. 52 - 46. Record Vote Number: 48.
SA 261	In the nature of a substitute.	Dianne Feinstein D-CA	Amendment SA 261 not agreed to in Senate by Yea-Nay Vote. 35 - 60. Record Vote Number: 49.

Related bills 2

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
HRES 383	Waiving points of order against the conference report to accompany the bill (S. 3) to prohibit the procedure commonly known as partial-birth abortion.	Procedurally related	Oct 2, 2003
HR 760	Partial-Birth Abortion Ban Act of 2003	Procedurally related	Jun 4, 2003

Titles 8

Every title it has carried, official and short, at each stage.

Official Title as Introduced: A bill to prohibit the procedure commonly known as partial-birth abortion.
Short Titles as Introduced: Partial-Birth Abortion Ban Act of 2003
Short Titles as Passed House: Partial-Birth Abortion Ban Act of 2003
Short Titles as Passed Senate: Partial-Birth Abortion Ban Act of 2003
Short Titles as Enacted: Partial-Birth Abortion Ban Act of 2003
Short Titles on Conference report: Partial-Birth Abortion Ban Act of 2003
Other Short Titles: Partial-Birth Abortion Ban Act of 2003
Popular Titles: Prohibit partial-birth abortion bill

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 5

Each version as it was printed, newest first.

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.