Rhode Island Bill Regarding Partial Birth Abortions (S 623)

S 623 would revise current definitions and penalties pertaining to “partial birth” abortions and make performing a “partial birth” abortion by a physician a felony.

“Partial birth abortion” in Rhode Island is currently defined as:

“An abortion in which the person performing the abortion vaginally delivers a living human fetus before killing the infant and completing the delivery.”

S 623 would redefine “partial birth” abortion to include:

“An abortion in which the person performing the abortion deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus.”

“Partial birth” abortions would also include an abortion in which the person performing the abortion,

“Performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.”

Under S 623, any physician who knowingly performs a “partial birth” abortion and thereby kills a human fetus, would be guilty of a felony.

Professionally licensed offenders may face a civil fine up to $25,000 for the first violation, up to $50,000 for the second violation, up to $100,000 for the third violation, and an additional fine up to $100,000 for each subsequent violation. In addition, his or her license would be subject to suspension or revocation.

A “partial birth” abortion would not be prohibited if it was performed in order to save the life of the mother.

STATUS

Companion bill to H 5334.

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