Partial-Birth Abortion Ban Act of 1997
The source supplies the latest action, but no lifecycle stage.
Latest action (22 Sep 1998): Message on Senate action sent to the House.
What this bill does
H.R. 1122, the Partial-Birth Abortion Ban Act of 1997, would have amended federal criminal law to make it illegal for a physician to knowingly perform a "partial-birth abortion," defined as delivering a living fetus partially outside the mother's body before killing it and completing the delivery. Violations would be punishable by fines, imprisonment of up to two years, or both. An exception applied if the procedure was necessary to save the mother's life and no other medical procedure would work. The bill also allowed certain family members—a married father (if the mother was under 18) or maternal grandparents in that circumstance—to sue for damages, including triple the cost of the procedure, unless they had consented to it or caused the pregnancy through criminal conduct. The woman on whom the procedure was performed could not be prosecuted.
The bill primarily affected physicians and other individuals performing abortions, as well as pregnant women and, in limited cases, their family members who could pursue civil claims. It applied to abortions performed in or affecting interstate or foreign commerce.
Introduced in the House in March 1997 and referred to the Judiciary Committee, the bill passed Congress but was vetoed by the President. The House voted to override the veto, but the Senate's attempt to override failed on September 18, 1998, by a vote of 64-36, falling short of the two-thirds majority required. As a result, the bill did not become law.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Partial-Birth Abortion Ban Act of 1997 - Amends the Federal criminal code to prohibit any physician from knowingly performing a partial-birth abortion in or affecting interstate or foreign commerce, unless it is necessary to save the life of the mother. Prescribes penalties. Defines a "partial birth abortion" as an abortion in which a person, deliberately and intentionally, partially vaginally delivers a living fetus before killing the fetus and completing the delivery. Authorizes the father, if married to the mother at the time of the abortion, and the maternal grandparents of the fetus, if the mother is under 18 years of age, to obtain specified relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Authorizes a defendant accused of an offense under this Act to seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother. Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.
Timeline
22 Sep 1998
Message on Senate action sent to the House.
Common questions
- What does H.R. 1122 do?
- H.R. 1122, the Partial-Birth Abortion Ban Act of 1997, would have amended federal criminal law to make it illegal for a physician to knowingly perform a "partial-birth abortion," defined as delivering a living fetus partially outside the mother's body before killing it and completing the delivery. Violations would be punishable by fines, imprisonment of up to two years, or both. An exception applied if the procedure was necessary to save the mother's life and no other medical procedure would work. The bill also allowed certain family members—a married father (if the mother was under 18) or maternal grandparents in that circumstance—to sue for damages, including triple the cost of the procedure, unless they had consented to it or caused the pregnancy through criminal conduct. The woman on whom the procedure was performed could not be prosecuted. The bill primarily affected physicians and other individuals performing abortions, as well as pregnant women and, in limited cases, their family members who could pursue civil claims. It applied to abortions performed in or affecting interstate or foreign commerce. Introduced in the House in March 1997 and referred to the Judiciary Committee, the bill passed Congress but was vetoed by the President. The House voted to override the veto, but the Senate's attempt to override failed on September 18, 1998, by a vote of 64-36, falling short of the two-thirds majority required. As a result, the bill did not become law.
- Has H.R. 1122 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 1122. Check the latest action and official source below.
- Who sponsored H.R. 1122?
- H.R. 1122 was sponsored by Rep. Solomon, Gerald B. H. [R-NY-22] (R-NY), with 0 cosponsors.
- What's the latest action on H.R. 1122?
- Message on Senate action sent to the House. (22 Sep 1998).
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