Senate Bill 0160

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    Florida Senate - 2000                                   SB 160

    By Senator Cowin





    11-179-00

  1                      A bill to be entitled

  2         An act relating to termination of pregnancy;

  3         creating ss. 782.30, 782.32, 782.34, 782.36,

  4         F.S.; creating the "Partial-Birth Abortion

  5         Act"; providing a short title; providing

  6         definitions; prohibiting the intentional

  7         killing of a partially born living fetus;

  8         designating such an act as a second-degree

  9         felony; providing penalties; providing

10         exceptions to prohibited acts; providing for

11         intervention by legislators in legal challenges

12         to the constitutionality of the act; providing

13         construction; providing severability; providing

14         an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

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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

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    Florida Senate - 2000                                   SB 160
    11-179-00




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

  2  the umbilical cord has been severed; or

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

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

  5  complete separation from the mother whether or not the

  6  placenta has been delivered or the umbilical cord has been

  7  severed.

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

  9  abdominal wall:

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

11  presentation, up until the point of complete separation from

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

13  the umbilical cord has been severed; or

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

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

16  complete separation from the mother whether or not the

17  placenta has been delivered or the umbilical cord has been

18  severed.

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

20  human species who has a heartbeat or discernible spontaneous

21  movement.

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

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

24  fetus and the products of conception are evacuated from the

25  uterus through a suction cannula with an attached vacuum

26  apparatus or with a sharp curette.

27         Section 3.  Section 782.34, Florida Statutes, is

28  created to read:

29         782.34  Partial-birth abortion.--Except as provided in

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

31  while that fetus is partially born commits the crime of

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    Florida Senate - 2000                                   SB 160
    11-179-00




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

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

  3  s. 775.084.

  4         Section 4.  Section 782.36, Florida Statutes, is

  5  created to read:

  6         782.36  Exceptions.--

  7         (1)  This act does not apply to a suction or sharp

  8  curettage abortion.

  9         (2)  This act does not constitute implicit approval of

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

11  applicable laws of this state.

12         (3)  This act does not prohibit a physician from taking

13  such measures as are necessary to save the life of a mother

14  whose life is endangered by a physical disorder, physical

15  illness, or physical injury, provided that every reasonable

16  precaution is also taken, in such cases, to save the fetus's

17  life.

18         Section 5.  Any member of the Legislature of the State

19  of Florida who sponsored or cosponsored this act has the right

20  to intervene in any legal action challenging the

21  constitutionality of this act.

22         Section 6.  This act shall be liberally construed to

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

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

25  provisions of this act shall govern.

26         Section 7.  If any provision of this act or the

27  application thereof to any person or circumstance is held

28  invalid, the invalidity does not affect other provisions or

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

30  invalid provision or application, and to this end the

31  provisions of this act are declared severable.

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    Florida Senate - 2000                                   SB 160
    11-179-00




  1         Section 8.  This act shall take effect upon becoming a

  2  law.

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  5                          SENATE SUMMARY

  6    Creates the "Partial-Birth Abortion Act." Provides a
      short title. Provides definitions. Prohibits the
  7    intentional killing of a partially born living fetus.
      Designates such an act as a second-degree felony.
  8    Provides penalties. Provides exceptions to prohibited
      acts. Provides for intervention by legislators in legal
  9    challenges to the constitutionality of the act. Provides
      construction. Provides severability.
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