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
STATE, VETERANS &
A BILL FOR AN ACT
CONCERNING THE REGULATION OF PARTIALBIRTH ABORTIONS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
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.