Session of 1999
SENATE BILL No. 367
By Senator Harrington
8-16
10 AN ACT
concerning abortion; repealing K.S.A. 1999 Supp. 65-6721.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section
1. As used in this act:
14 (a) "Fetus" or
"infant" means the offspring of human parents.
15
(b) "Partial-birth abortion" means an abortion in which the
person
16 performing the abortion partially vaginally
delivers a living human fetus
17 before killing the infant and completing
the delivery.
18 (c) "Vaginally
delivers a living fetus before killing the infant" means
19 deliberately and intentionally delivers
into the vagina a living fetus, or a
20 substantial portion thereof, for the
purpose of performing a procedure
21 the physician knows will kill the fetus and
kills the fetus.
22 Sec. 2. No
person knowingly shall perform a partial-birth abortion
23 unless such partial-birth abortion is
necessary to save the life of a mother
24 because her life is endangered by a
physical disorder, physical illness or
25 physical injury.
26 Sec. 3. (a)
The woman upon whom a partial-birth abortion has been
27 performed in violation of section 2, and
amendments thereto, the father
28 of the fetus or infant and the maternal
grandparents of the fetus or infant
29 if the mother has not attained the age of
18 years at the time of the
30 abortion, may obtain appropriate relief in
a civil action, unless the preg-
31 nancy resulted from the plaintiff's
criminal conduct or the plaintiff con-
32 sented to the abortion.
33 (b) Such relief
shall include: (1) Money damages for all injuries,
34 psychological and physical, occasioned by
the violation of this act; and (2)
35 statutory damages equal to three times the
cost of the partial-birth
36 abortion.
37 (c) If the
judgment is rendered in favor of the plaintiff in an action
38 described in this section, the court shall
also render judgment for a rea-
39 sonable attorney fee in favor of the
plaintiff against the defendant. If the
40 judgment is rendered in favor of the
defendant and the court finds the
41 plaintiff's suit was frivolous and brought
in bad faith, the court shall also
42 render judgment for a reasonable attorney
fee in favor of the defendant
43 against the plaintiff.
2
1 Sec.
4. (a) Performance of a partial-birth abortion in knowing
or
2 reckless violation of this act shall
be a severity level 10, person felony.
3 (b) A woman
upon whom a partial-birth abortion is performed may
4 not be prosecuted under this act for
violating this act, or any provision
5 thereof, or for conspiracy to violate
this act or any provision thereof.
6 Sec.
5. (a) If any one or more provisions, clauses, phrases or
words
7 of section 2, and amendments thereto,
or the application thereof to any
8 person or circumstance is found
unconstitutional, the same is hereby de-
9 clared to be inseverable.
10 (b) If any one or
more provisions, sections, subsections, sentences,
11 clauses, phrases or words of the remaining
sections or the application
12 thereof to any person or circumstance is
found to be unconstitutional, the
13 same are hereby declared to be severable
and the balance of the act shall
14 remain effective notwithstanding such
unconstitutionality. The legislature
15 hereby declares that it would have passed
this act, and each provision,
16 section, subsection, sentence, clause,
phrase or word, with the exception
17 of section 2, and amendments thereto,
irrespective of the fact that any
18 one or more provisions, sections,
subsections, sentences, clauses, phrases
19 or words be declared
unconstitutional.
20 Sec. 6. K.S.A. 1999 Supp.
65-6721 is hereby repealed.
21 Sec. 7. This act shall
take effect and be in force from and after its
22 publication in the Kansas register.