HOUSE AMENDMENT

                                         Bill No. SB 160, 2nd Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Heyman and Sobel offered the following:

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13         Amendment 

14         On page 1,

15  remove from the bill:  Everything after the enacting clause

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17  and insert in lieu thereof:

18         Section 1.  Section 782.30, Florida Statutes, is

19  created to read:

20         782.30  Short title.--Sections 782.30-782.36 may be

21  cited as the "Partial-Birth Abortion Act."

22         Section 2.  Section 782.32, Florida Statutes, is

23  created to read:

24         782.32  Definitions.--As used in this act, the term:

25         (1)  "Partially born" means the living fetus's intact

26  body, with the entire head attached, is presented so that:

27         (a)  There has been delivered past the mother's vaginal

28  opening:

29         1.  The fetus's entire head, in the case of a cephalic

30  presentation, up until the point of complete separation from

31  the mother whether or not the placenta has been delivered or

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    File original & 9 copies    05/03/00
    hmo0008                     07:22 am         00160-0105-024143




                                                   HOUSE AMENDMENT

                                         Bill No. SB 160, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  the umbilical cord has been severed; or

 2         2.  Any portion of the fetus's torso above the navel,

 3  in the case of a breech presentation, up until the point of

 4  complete separation from the mother whether or not the

 5  placenta has been delivered or the umbilical cord has been

 6  severed.

 7         (b)  There has been delivered outside the mother's

 8  abdominal wall:

 9         1.  The fetus's entire head, in the case of a cephalic

10  presentation, up until the point of complete separation from

11  the mother whether or not the placenta has been delivered or

12  the umbilical cord has been severed; or

13         2.  Any portion of the child's torso above the navel,

14  in the case of a breech presentation, up until the point of

15  complete separation from the mother whether or not the

16  placenta has been delivered or the umbilical cord has been

17  severed.

18         (2)  "Living fetus" means any unborn member of the

19  human species who has a heartbeat or discernible spontaneous

20  movement.

21         (3)  "Suction or sharp curettage abortion" means an

22  abortion, as defined in chapter 390, in which the developing

23  fetus and the products of conception are evacuated from the

24  uterus through a suction cannula with an attached vacuum

25  apparatus or with a sharp curette.

26         Section 3.  Section 782.34, Florida Statutes, is

27  created to read:

28         782.34  Partial-birth abortion.--Except as provided in

29  s. 782.36, any person who intentionally kills a living fetus

30  while that fetus is partially born commits the crime of

31  partial-birth abortion, which is a felony of the second

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    File original & 9 copies    05/03/00
    hmo0008                     07:22 am         00160-0105-024143




                                                   HOUSE AMENDMENT

                                         Bill No. SB 160, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  degree, punishable as provided in s. 775.082, s. 775.083, or

 2  s. 775.084.

 3         Section 4.  Section 782.36, Florida Statutes, is

 4  created to read:

 5         782.36  Exceptions.--

 6         (1)  A patient receiving a partial-birth-abortion

 7  procedure may not be prosecuted under this act.

 8         (2)  This act does not apply to a suction or sharp

 9  curettage abortion.

10         (3)  This act does not constitute implicit approval of

11  other types of abortion, which remain subject to all other

12  applicable laws of this state.

13         (4)  This act does not prohibit a physician from taking

14  such measures as are necessary to save the life or health of a

15  mother.

16         Section 5.  This act shall be liberally construed to

17  effectively carry out its purposes. In the event of conflict

18  between this act and any other provision of law, the

19  provisions of this act shall govern.

20         Section 6.  If any provision of this act or the

21  application thereof to any person or circumstance is held

22  invalid, the invalidity does not affect other provisions or

23  applications of the act which can be given effect without the

24  invalid provision or application, and to this end the

25  provisions of this act are declared severable.

26         Section 7.  This act shall take effect upon becoming a

27  law.

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    File original & 9 copies    05/03/00
    hmo0008                     07:22 am         00160-0105-024143