Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0186.01 JBB HOUSE BILL 97­1136

STATE OF COLORADO

BY REPRESENTATIVES Arrington, Dean, Epps, S. Johnson, Lamborn, Lawrence, May, McElhany, Musgrave, Owen, Pankey, Paschall, Salaz, Sinclair, and Young;

also SENATORS Arnold, Coffman, Congrove, Duke, and Powers.

STATE, VETERANS &

MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING THE REGULATION OF PARTIAL­BIRTH ABORTIONS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Creates and defines the class 1 misdemeanor crime of criminal partial­birth abortion. Establishes an affirmative defense to a prosecution if the abortion was necessary to protect the life of the woman and no other medical procedure would suffice.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Part 1 of article 6 of title 18, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

18­6­102.5.  Criminal partial­birth abortions. (1)  AS USED IN THIS SECTION, "PARTIAL­BIRTH ABORTION" MEANS AN ABORTION IN WHICH THE PERSON PERFORMING THE ABORTION PARTIALLY VAGINALLY DELIVERS A LIVING FETUS BEFORE KILLING THE FETUS AND COMPLETING THE DELIVERY.

(2)  ANY PERSON WHO KNOWINGLY PERFORMS A PARTIAL­BIRTH ABORTION COMMITS CRIMINAL PARTIAL­BIRTH ABORTION. CRIMINAL PARTIAL­BIRTH ABORTION IS A CLASS 1 MISDEMEANOR.

(3)  A WOMAN UPON WHOM A PARTIAL­BIRTH ABORTION IS PERFORMED MAY NOT BE PROSECUTED UNDER THIS SECTION FOR CONSPIRACY TO COMMIT A CRIMINAL PARTIAL­BIRTH ABORTION PURSUANT TO SECTION 18­2­201 OR COMPLICITY IN THE COMMISSION OF A CRIMINAL PARTIAL­BIRTH ABORTION PURSUANT TO SECTION 18­1­603.

(4)  IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER THIS SECTION IF:

(a)  THE ABORTION WAS NECESSARY TO SAVE THE LIFE OF THE MOTHER WHOSE LIFE IS ENDANGERED BY A PHYSICAL DISORDER, ILLNESS, OR INJURY; AND

(b)  NO OTHER MEDICAL PROCEDURE WOULD SUFFICE FOR THAT PURPOSE.

SECTION 2.  Effective date ­ applicability. This act shall take effect July 1, 1997, and shall apply to offenses committed on or after said date.

SECTION 3.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.