Sec. 1. 22 MRSA §1597-B is enacted to read:

§1597-B.__Partial-birth abortions prohibited

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Abortion" means the intentional interruption of a pregnancy by the application of external agents, whether chemical or physical, or by the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus.

B.__"Partial-birth abortion" means an abortion in which the physician performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.

C.__"Partially vaginally delivers a living fetus before killing the fetus" means deliberately and intentionally delivering into the vagina a living fetus, or a substantial portion of a living fetus, for the purpose of performing a procedure the physician knows will kill the fetus, and killing the fetus.

2.__Partial-birth abortions prohibited; exception.__A physician may not knowingly perform a partial-birth abortion and thereby kill a human fetus.__This prohibition does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness or injury.

3.__Criminal liability.__A physician who violates this section:

A.__Commits a Class D crime; and

B.__Is subject to damages awarded in a civil action under subsection 4.

4.__Civil action.__The father, if married to the mother at the time she receives the partial-birth abortion procedure, and the maternal grandparents of the fetus, if the mother has not attained 18 years of age at the time of the abortion,__may in a civil action obtain appropriate relief unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.__Appropriate relief must include: