B.__Statutory damages equal to 3 times the cost of the partial-birth abortion.

5.__Hearing.__A physician accused of an offense under this section may seek a hearing before the Board of Licensure in Medicine or the Board of Osteopathic Licensure, as applicable, on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, illness or injury.__The findings on that issue are admissible at the trial of the physician.__Upon a motion of the physician, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.

6.__Immunity.__A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for a conspiracy to violate this section or for an offense under section 1597-A or 1598 based on a violation of this section.

Sec. 2. 22 MRSA §1598, sub-§1, as amended by PL 1993, c. 61, §2, is further amended to read:

1. Policy. It is the public policy of the State that the State not restrict a woman's exercise of her private decision to terminate a pregnancy before viability except as provided in section 1597-A. After viability an abortion may be performed only when it is necessary to preserve the life or health of the mother or, in the case of a partial-birth abortion, when permitted under section 1597-B, subsection 2. It is also the public policy of the State that all abortions may be performed only by a physician.

Sec. 3. 22 MRSA §1598, sub-§4, as enacted by PL 1979, c. 405, §2, is amended to read:

4. Abortions after viability; criminal liability. A Except as provided in section 1597-B, a person who performs an abortion after viability is guilty of a Class D crime if:

A. He That person knowingly disregarded the viability of the fetus; and

B. He That person knew that the abortion was not necessary for the preservation of the life or health of the mother.