January Session, 2007
LCO No. 6569
SEN. DELUCA, 32nd Dist.
"AN ACT CONCERNING COMPASSIONATE CARE FOR VICTIMS OF SEXUAL ASSAULT. "
After the last section, add the following and renumber sections and internal references accordingly:
"Sec. 501. (NEW) (Effective October 1, 2007) (a) For the purposes of this section:
(1) "Physician" means a person licensed pursuant to chapter 370 or 371 of the general statutes or any other person legally authorized to perform abortions;
(2) "Partial birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living intact fetus before killing the fetus and completing the delivery; and
(3) "Vaginally delivers a living intact fetus before killing the fetus" means deliberately and intentionally delivers into the vagina a living intact fetus, or a portion thereof, for the purpose of performing a procedure the physician knows will kill the fetus, and kills the fetus.
(b) No physician shall knowingly perform a partial birth abortion unless such abortion is necessary to preserve the life or health of the pregnant woman.
(c) Any person who is not a physician and performs a partial birth abortion on another person shall be subject to the provisions of this section.
(d) This section prohibits only the intentional performance of a dilation and extraction procedure or any substantially similar procedure whereby the attending physician deliberately partially delivers an intact fetus, inserts an instrument into the base of the fetus' skull and suctions the fetus' skull contents with the intent to terminate the life of the fetus.
(e) Other than the abortion procedure set forth in subsection (d) of this section, nothing in this section shall be construed to prohibit the performance of any other abortion procedure, including, but not limited to, the following:
(1) The dilation and evacuation procedure or any substantially similar procedure whereby suction of the contents of the fetal skull occurs subsequent to either an attempted or successful dismemberment of the fetus in utero;
(2) The suction curettage procedure or any substantially similar procedure whereby the developing fetus and products of conception are evacuated from the uterus with a sharp curettage or through a suction cannula with an attached vacuum apparatus; or
(3) The induction abortion procedure or any substantially similar procedure whereby osmotic dilators are placed in the cervix and medications are administered to induce labor.
(f) Any physician or person who violates the provisions of this section shall be guilty of a class D felony.
(g) A woman upon whom a partial birth abortion is performed may not be prosecuted under this section for a conspiracy to violate the provisions of this section or for any other offense arising out of a partial birth abortion. "