HOUSE BILL 76
53rd legislature - STATE OF NEW MEXICO - second session, 2018
Yvette Herrell and Rod Montoya and David M. Gallegos
RELATING TO ABORTION; AMENDING THE PARTIAL-BIRTH ABORTION BAN ACT TO CHANGE THE TITLE TO THE LATE-TERM AND PARTIAL-BIRTH ABORTION BAN ACT; PROHIBITING LATE-TERM ABORTION; PROVIDING AN EXCEPTION UNDER WHICH LATE-TERM ABORTION MAY BE PERFORMED; PROVIDING PENALTIES; REPEALING THE CRIMINAL ABORTION STATUTE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-5A-1 NMSA 1978 (being Laws 2000, Chapter 55, Section 1) is amended to read:
"30-5A-1. SHORT TITLE.--[This act] Chapter 30, Article 5A NMSA 1978 may be cited as the "Late-Term and Partial-Birth Abortion Ban Act"."
SECTION 2. Section 30-5A-2 NMSA 1978 (being Laws 2000, Chapter 55, Section 2) is amended to read:
"30-5A-2. DEFINITIONS.--As used in the Late-Term and Partial-Birth Abortion Ban Act:
A. "abortion" means the intentional termination of the pregnancy of a female by a person who knows the female is pregnant;
B. "fetus" means the biological offspring of human parents;
C. "partial-birth abortion" means a procedure in which any person, including a physician or other health care professional, intentionally extracts an independently viable fetus from the uterus into the vagina and mechanically extracts the cranial contents of the fetus in order to induce death; [and]
D. "physician" means a person licensed to practice in the state as a licensed physician pursuant to the Medical Practice Act or an osteopathic physician licensed pursuant to [Chapter 61, Article 10 NMSA 1978] the Osteopathic Medicine Act; and
E. "viability" or "viable" means that stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life-support systems."
SECTION 3. Section 30-5A-4 NMSA 1978 (being Laws 2000, Chapter 55, Section 4) is amended to read:
"30-5A-4. CIVIL REMEDIES.--
A. Except as provided in Subsection B of this section, the following persons may bring a civil action to obtain relief pursuant to this section against a person who has violated the provisions of Section [3 of the Partial-Birth Abortion Ban Act] 30-5A-3 NMSA 1978:
(1) the person on whom a partial-birth abortion was performed;
(2) the biological father of the fetus that was the subject of the partial-birth abortion; and
(3) the parents of the person on whom the partial-birth abortion was performed if that person had not reached the age of majority at the time of the abortion.
B. The persons named as having a right of action in Subsection A of this section are barred from bringing a civil action pursuant to this section if:
(1) the pregnancy of the person on whom the partial-birth abortion was performed resulted from criminal conduct of the person seeking to bring the action; or
(2) the partial-birth abortion was consented to by the person seeking to bring the action.
C. A person authorized to bring a civil action pursuant to this section may recover compensatory damages for loss caused by violation of Section [3 of the Partial-Birth Abortion Ban Act] 30-5A-3 NMSA 1978."
SECTION 4. Section 30-5A-5 NMSA 1978 (being Laws 2000, Chapter 55, Section 5) is amended to read:
"30-5A-5. CRIMINAL PENALTY--EXCEPTION.--
A. Except as provided in Subsections B, C, D and E of this section, a person who violates Section [3 of the Partial-Birth Abortion Ban Act] 30-5A-3 NMSA 1978 is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978.
B. The provisions of [the Partial-Birth Abortion Ban Act] this section shall apply only to the exact procedure specified in [that act] Subsection C of Section 30-5A-2 NMSA 1978.
C. The provisions of [the Partial-Birth Abortion Ban Act] this section are not intended to criminalize any other method of terminating a woman's pregnancy.
D. The provisions of [the Partial-Birth Abortion Ban Act] this section are not intended to subject a woman, upon whom [the procedure specified in that act] an abortion is performed, to criminal culpability as an accomplice, aider, abettor, solicitor or conspirator.
E. The provisions of [the Partial-Birth Abortion Ban Act] this section are not intended to subject any person to criminal culpability pursuant to laws governing attempt, solicitation or conspiracy to commit a crime."
SECTION 5. A new section of the Late-Term and Partial-Birth Abortion Ban Act, Section 30-5A-6 NMSA 1978, is enacted to read:
"30-5A-6. [NEW MATERIAL] PROHIBITION OF LATE-TERM ABORTION.--
A. Late-term abortion consists of knowingly and willfully administering to any pregnant woman any medicine, drug or other substance, or using any method or means whereby an untimely termination of her pregnancy is produced, or attempted to be produced, with the intent to destroy a viable fetus of twenty or more weeks gestational age.
B. Only a physician may perform an abortion.
C. For the purposes of this section, there shall be a legal presumption that viability occurs at the twentieth week of pregnancy. Before a physician performs an abortion on a woman that the physician has reason to believe is carrying a fetus of twenty or more weeks gestational age, the physician shall first determine, in a manner consistent with accepted obstetrical and neonatal practices and standards, if the fetus is viable. In making this determination of viability, the physician shall perform or cause to be performed such medical examinations and tests as are necessary to make a finding of the gestational age, weight and lung maturity of the fetus and shall enter such findings and determination of viability in the medical record of the woman.
D. If a physician determines that the fetus is twenty or more weeks gestational age and viable, the physician shall not perform or induce a late-term abortion unless the abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself; provided, however, that the physician shall take all reasonable steps to preserve the life and health of the unborn child."
SECTION 6. A new section of the Late-Term and Partial-Birth Abortion Ban Act, Section 30-5A-7 NMSA 1978, is enacted to read:
"30-5A-7. [NEW MATERIAL] CIVIL PENALTY.--
A. A physician found to have knowingly and willfully violated Section 30-5A-6 NMSA 1978 shall:
(1) be subject to a civil penalty of not less than five thousand dollars ($5,000) for each violation; and
(2) have the physician's license to practice medicine revoked or suspended for no less than one year.
B. The New Mexico medical board shall enforce the provisions of this section with respect to any violation by a physician licensed pursuant to the Medical Practice Act, and the board of osteopathic medicine shall enforce the provisions of this section with respect to any violation by a physician licensed pursuant to the Osteopathic Medicine Act."
SECTION 7. REPEAL.--Section 30-5-3 NMSA 1978 (being Laws 1969, Chapter 67, Section 3) is repealed.
SECTION 8. SEVERABILITY.--If any part or application of the Late-Term and Partial-Birth Abortion Ban Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.
- 7 -