Partial-Birth Abortion Ban Act of 1997
Failed — did not advance.
Latest action (18 Sep 1998): Failed of passage in Senate over veto by Yea-Nay Vote. 64-36. Record Vote No: 277.
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
This bill was vetoed. The Senate attempted to override the veto on September 18, 1998 but failed.
Timeline
18 Sep 1998
Failed of passage in Senate over veto by Yea-Nay Vote. 64-36. Record Vote No: 277.
23 Jul 1998
Two-thirds of the Members present having voted in the affirmative the bill is passed, the objections of the President to the contrary notwithstanding. Passed by the Yeas and Nays (2/3 required): 296 - 132 (Roll No. 325).
10 Oct 1997
Vetoed by President.
8 Oct 1997
On motion that the House agree to the Senate amendments Agreed to by the Yeas and Nays: 296 - 132 (Roll no. 500).
20 May 1997
Passed Senate with amendments by Yea-Nay Vote. 64-36. Record Vote No: 71.
20 Mar 1997
On passage Passed by recorded vote: 295 - 136 (Roll no. 65).
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?
- Not yet. As of 18 Sep 1998, H.R. 1122 is vetoed & override passed house, failed in senate.
- Who sponsored H.R. 1122?
- H.R. 1122 was sponsored by Rep. Gerald Solomon [R-NY22, 1993-1998] (Republican-NY), with 0 cosponsors.
- What's the latest action on H.R. 1122?
- Failed of passage in Senate over veto by Yea-Nay Vote. 64-36. Record Vote No: 277. (18 Sep 1998).
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