February 14, 2000

Mr. Speaker:

Your JUDICIARY COMMITTEE, to whom has been referred

SENATE BILL 140

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 1, strike lines 24 and 25, and on page 2, strike lines 1 through 3 and insert in lieu thereof the following new subsection:

"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;".

2. On page 2, line 13, after "female" insert "or prevent great bodily harm to a pregnant female".

3. On page 2, line 14, strike "by" and insert in lieu thereof "or she is at risk of great bodily harm due to".

4. On page 2, line 18, after "life" insert "or preventing great bodily harm to her".

5. On page 3, strike lines 15 through 21 and insert in lieu thereof the following new subsection:

"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.".

6. On page 3, line 23, strike the words "Subsection B" and insert in lieu thereof "Subsections B, C, D and E".

7. On page 4, strike lines 2 through 5 in their entirety and insert in lieu thereof the following new subsections:

"B. The provisions of the Partial-Birth Abortion Ban Act shall apply only to the exact procedure specified in that act.

C. The provisions of the Partial-Birth Abortion Ban Act are not intended to criminalize any other method of terminating a woman's pregnancy.

D. The provisions of the Partial-Birth Abortion Ban Act are not intended to subject a woman, upon whom the procedure specified in that act is performed, to criminal culpability as an accomplice, aider, abettor, solicitor or conspirator.

E. The provisions of the Partial-Birth Abortion Ban Act are not intended to subject any person to criminal culpability pursuant to laws governing attempt, solicitation or conspiracy to commit a crime.",

and thence referred to the APPROPRIATIONS AND FINANCE COMMITTEE.

Respectfully submitted,

R. David Pederson, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 10 For 1 Against

Yes: 10

No: Pederson

Excused: Luna

Absent: None

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