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H.R. 1833

Partial-Birth Abortion Ban Act of 1995

Partial-Birth Abortion Ban Act of 1995 - Subjects any physician who knowingly performs a partial-birth abortion in or affecting interstate or foreign commerce to a fine or imprisonment for not more than two years or both, except where such an abortion is necessary to save the life of a mother endangered by a physical disorder, illness, or injury, provided that no other medical procedure would suffice.

Defines: (1) "partial-birth abortion" as an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery; and (2) "physician" as a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions.

Permits the father (if married to the mother at the time she receives a partial-birth abortion procedure) and (if the mother has not attained the age of 18 at the time of the abortion) the maternal grandparents to obtain, through a civil action, relief which would include money damages for all psychological and physical injuries and statutory damages equal to three times the cost of the partial-birth abortion, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.

Message on Senate action sent to the House.

Rep. Canady, Charles T. [R-FL-12](R-FL)Sponsor
115 cosponsors18 D97 R
115cosponsors2committees95actions13amendments4related bills28subjects
  1. Floor

    Message on Senate action sent to the House.

  2. Floor

    Motion by Senator Lott to reconsider Vote No. 301 withdrawn in Senate by Unanimous Consent.

  3. Floor

    Motion by Senator Lott to reconsider the vote by which H.R. 1833 failed of passage over the President's veto (Vote No. 301) entered in Senate.

  4. Veto

    Failed of passage in Senate over veto by Yea-Nay Vote. 58-40. Record Vote No: 301.

  5. Veto35000

    Failed of passage in Senate over veto: Failed of passage in Senate over veto by Yea-Nay Vote. 58-40. Record Vote No: 301.

  6. Floor

    Veto message considered in Senate.

  7. Veto

    Veto message received in Senate. Held at the desk.

  8. VetoH43410

    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): 285 - 137 (Roll No. 422).

  9. Veto32000

    Passed House over veto: 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): 285 - 137 (Roll No. 422).

  10. FloorH8D000

    DEBATE - The House proceeded with one hour of debate on the question of passing the bill H.R. 1833 upon reconsideration, the objections of the President to the contrary notwithstanding.

  11. ResolvingDifferencesH41931

    Motion to reconsider laid on the table Agreed to without objection.

  12. ResolvingDifferencesH41610

    On motion that the House discharge the Committee on the Judiciary from further consideration of the veto Agreed to by the Yeas and Nays: 288 - 133 (Roll No. 421). (consideration: CR H10620)

  13. ResolvingDifferencesH41400

    The previous question was ordered without objection.

  14. FloorH8D000

    DEBATE - The House proceeded with one hour of debate on the motion to discharge the Committee.

  15. ResolvingDifferencesH40150

    Mr. Canady moved that the House that the House discharge the Committee on the Judiciary from further consideration of veto.

  16. VetoH43110

    On motion to refer the bill and the accompanying veto message to the Committee on Judiciary. Agreed to without objection.

    Judiciary Committee
  17. VetoH43100

    Mr. Canady moved to refer the bill and accompanying veto message to the Committee on Judiciary.

    Judiciary Committee
  18. FloorH8D000

    The Chair announced that the message of the President would be spread at large upon the pages of the Journal and that the veto message and the bill be printed as a House Document

  19. VetoH40300

    The Chair laid before the House the veto message from the President.

  20. PresidentE30000

    Vetoed by President. (consideration: CR 4/15/1996 H3338-3339)

  21. President31000

    Vetoed by President.(consideration: CR 4/15/1996 H3338-3339)

  22. FloorE20000

    Presented to President.

  23. President28000

    Presented to President.

  24. ResolvingDifferencesH41931

    Motion to reconsider laid on the table Agreed to without objection.

  25. ResolvingDifferencesH41610

    On motion that the House agree to the Senate amendments Agreed to by the Yeas and Nays: 286 - 129, 1 Present (Roll no. 94). (consideration: CR H2929)

  26. NotUsed19500

    Resolving differences -- House actions: On motion that the House agree to the Senate amendments Agreed to by the Yeas and Nays: 286 - 129, 1 Present (Roll no. 94).(consideration: CR H2929)

  27. ResolvingDifferencesH41400

    The previous question was ordered pursuant to the rule.

  28. FloorH8D000

    DEBATE - The House proceeded with one hour of debate on the motion to agree to the Senate amendments.

  29. ResolvingDifferencesH40130

    Pursuant to the provisions of H. Res. 389, the House moved to agree to the Senate amendments.

  30. FloorH1L220

    Rule H. Res. 389 passed House.

  31. FloorH1L210

    Rules Committee Resolution H. Res. 389 Reported to House. Rule provides for consideration of Senate amendments to H.R. 1833 with 1 hour of general debate. Upon adoption of this resolution, it shall be in order to to take the bill from the Speaker's table, with Senate amendments thereto, and to consider in the House a single motion to concur in each of the Senate amendments. The previous question shall be considered as ordered on the motion to final adoption without intervening motion or a demand for division of the question.

  32. Floor

    Message on Senate action sent to the House.

  33. Floor

    Passed Senate with amendments by Yea-Nay Vote. 54-44. Record Vote No: 596.

  34. Floor17000

    Passed/agreed to in Senate: Passed Senate with amendments by Yea-Nay Vote. 54-44. Record Vote No: 596.

  35. Floor

    Amendment SP 3092 not agreed to in Senate by Yea-Nay Vote. 44-53. Record Vote No: 595.

  36. Floor

    Amendment SP 3092 proposed by Senator Feinstein.

  37. Floor

    Amendment SP 3091 agreed to in Senate by Voice Vote.

  38. Floor

    Amendment SP 3091 proposed by Senator Smith.

  39. Floor

    Amendment SP 3090 agreed to in Senate by Voice Vote.

  40. Floor

    Amendment SP 3090 proposed by Senator Brown.

  41. Floor

    Amendment SP 3085 agreed to in Senate by Voice Vote.

  42. Floor

    SP 3088 fell when SP 3082 withdrawn.

  43. Floor

    Proposed amendment SP 3082 withdrawn in Senate.

  44. Floor

    Motion to table SP 3088 rejected in Senate by Yea-Nay Vote. 48-49. Record Vote No: 594.

  45. Floor

    Amendment SP 3088 proposed by Senator Smith for Senator Dewine to Amendment SP 3082.

  46. Floor

    Amendment SP 3083 not agreed to in Senate by Yea-Nay Vote. 47-51. Record Vote No: 593.

  47. Floor

    Amendment SP 3080 agreed to in Senate by Unanimous Consent.

  48. Floor

    Amendment SP 3081 agreed to in Senate by Yea-Nay Vote. 98-0. Record Vote No: 592.

  49. Floor

    Considered by Senate. (consideration: CR S18183-18228)

  50. Floor

    Amendment SP 3085 proposed by Senator Brown.

  51. Floor

    Considered by Senate. (consideration: CR S18071-18086)

  52. Floor

    Amendment SP 3083 proposed by Senator Boxer to Amendment SP 3082.

  53. Floor

    Amendment SP 3082 proposed by Senator Pryor.

  54. Floor

    Amendment SP 3081 proposed by Senator Dole to Amendment SP 3080.

  55. Floor

    Amendment SP 3080 proposed by Senator Smith.

  56. Floor

    Considered by Senate. (consideration: CR S17997, S18002-18011)

  57. Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S17881-17903)

  58. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 249.

  59. Discharge

    Senate Committee on Judiciary discharged. Pursuant to the order of November 8, 1995.

    Judiciary Committee
  60. Committee14500

    Senate Committee on Judiciary discharged. Pursuant to the order of November 8, 1995.

    Judiciary Committee
  61. Committee

    Committee on Judiciary. Hearings held.

    Judiciary Committee
  62. Floor

    Committed to Senate Committee on Judiciary by Yea-Nay Vote. 90-7. Record Vote No: 563. For a period not to exceed 19 calendar days to report or be discharged.

    Judiciary Committee
  63. Floor

    Motion by Senator Specter to commit to Senate Committee on Judiciary with instructions made in Senate. (consideration: CR S16805)

    Judiciary Committee
  64. Floor

    Considered by Senate. (consideration: CR S16761-16801, S16804-16806)

  65. Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S16730-16752)

  66. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR H11783-11784)

  67. Calendars

    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 224.

  68. Calendars

    Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

  69. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  70. FloorH37100

    On passage Passed by the Yeas and Nays: 288 - 139, 1 Present (Roll no. 756).

  71. Floor8000

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 288 - 139, 1 Present (Roll no. 756).

  72. FloorH34400

    Pursuant to the provisions of H. Res. 251, the House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

  73. FloorH35000

    The previous question was ordered pursuant to the rule.

  74. FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1833.

  75. FloorH8D000

    GENERAL DEBATE - The Committee of the Whole resumed general debate.

  76. FloorH8D000

    OBJECTION TO THE USE OF EXHIBITS - Mrs. Schroeder objected to the use of certain exhibits in the Committee of the Whole and demanded a recorded vote on the question. Pursuant to rule XXX, a recorded vote was ordered.

  77. FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.

  78. FloorH32400

    The Speaker designated the Honorable Bill Emerson to act as Chairman of the Committee.

  79. FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 251 and Rule XXIII.

  80. FloorH8D000

    Rule provides for consideration of H.R. 1833 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted in the House and in the Committee of the Whole Measure will be considered read. Bill is closed to amendments.

  81. FloorH30000

    Considered under the provisions of rule H. Res. 251. (consideration: CR H11604-11618)

  82. FloorH1L220

    Rule H. Res. 251 passed House.

  83. FloorH1L210

    Rules Committee Resolution H. Res. 251 Reported to House. Rule provides for consideration of H.R. 1833 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted in the House and in the Committee of the Whole Measure will be considered read. Bill is closed to amendments.

  84. CalendarsH12410

    Placed on the Union Calendar, Calendar No. 138.

  85. CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 104-267.

    Judiciary Committee
  86. Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 104-267.

    Judiciary Committee
  87. CommitteeH19000

    Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 12.

    Judiciary Committee
  88. CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  89. CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  90. CommitteeH23000

    Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 7 - 5.

    Constitution and Limited Government Subcommittee
  91. CommitteeH22000

    Subcommittee Consideration and Mark-up Session Held.

    Constitution and Limited Government Subcommittee
  92. CommitteeH11000

    Referred to the Subcommittee on the Constitution.

    Constitution and Limited Government Subcommittee
  93. IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  94. IntroReferralIntro-H

    Introduced in House

  95. IntroReferral1000

    Introduced in House

Dec 7, 199535

Partial-Birth Abortion Ban Act of 1995 - Subjects any physician who knowingly performs a partial-birth abortion in or affecting interstate or foreign commerce to a fine or imprisonment for not more than two years or both, except where such an abortion is necessary to save the life of a mother endangered by a physical disorder, illness, or injury, provided that no other medical procedure would suffice.

Defines: (1) "partial-birth abortion" as an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery; and (2) "physician" as a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions.

Permits the father (if married to the mother at the time she receives a partial-birth abortion procedure) and (if the mother has not attained the age of 18 at the time of the abortion) the maternal grandparents to obtain, through a civil action, relief which would include money damages for all psychological and physical injuries and statutory damages equal to three times the cost of the partial-birth abortion, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.

Nov 1, 199536

Partial-Birth Abortion Ban Act of 1995 - Subjects anyone who knowingly performs a partial-birth abortion in or affecting interstate or foreign commerce to a fine or imprisonment for not more than two years or both. Defines "partial-birth abortion" as an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.

Permits the father and (if the mother has not attained the age of 18 at the time of the abortion) the maternal grandparents to obtain, through a civil action, relief which would include money damages for all injuries and statutory damages equal to three times the cost of the partial-birth abortion, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.

Permits the affirmative defense to a prosecution or a civil action, which must be proved by a preponderance of the evidence, that the physician reasonably believed: (1) the procedure was necessary to save the mother's life; and (2) no other procedure would have sufficed for that purpose.

Sep 27, 199517

Partial-Birth Abortion Ban Act of 1995 - Subjects anyone who knowingly performs a partial-birth abortion in or affecting interstate or foreign commerce to a fine or imprisonment for not more than two years or both. Defines "partial-birth abortion" as an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.

Permits the father and (if the mother has not attained the age of 18 at the time of the abortion) the maternal grandparents to obtain, through a civil action, relief which would include money damages for all injuries and statutory damages equal to three times the cost of the partial-birth abortion, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.

Permits the affirmative defense to a prosecution or a civil action, which must be proved by a preponderance of the evidence, that the physician reasonably believed: (1) the procedure was necessary to save the mother's life; and (2) no other procedure would have sufficed for that purpose.

Jun 14, 199500

Partial-Birth Abortion Ban Act of 1995 - Subjects anyone who knowingly performs a partial-birth abortion in or affecting interstate or foreign commerce to a fine or imprisonment for not more than two years or both. Defines "partial-birth abortion" as partial, vaginal delivery of the fetus prior to killing the fetus and completing the delivery.

Permits the parents or the maternal grandparents (if the mother has not attained the age of 18 at the time of the abortion) through a civil action to obtain relief which would include money damages for all injuries and statutory damages equal to three times the cost of the partial-birth abortion, even if any party consented to an abortion.

Permits the affirmative defense to a prosecution or a civil action, which must be proved by a preponderance of the evidence, that the physician reasonably believed: (1) the procedure was necessary to save the woman's life; and (2) no other form of abortion would have sufficed for that purpose.