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A.__Money damages for all injuries, psychological and | physical, occasioned by the violation of this section; and |
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| B.__Statutory damages equal to 3 times the cost of the | partial-birth abortion. |
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| | 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. |
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| | 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. |
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| | Sec. 2. 22 MRSA §1598, sub-§1, as amended by PL 1993, c. 61, §2, is | further amended to read: |
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| | 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. |
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| | Sec. 3. 22 MRSA §1598, sub-§4, as enacted by PL 1979, c. 405, §2, is | amended to read: |
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| | 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: |
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| A. He That person knowingly disregarded the viability of | the fetus; and |
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| B. He That person knew that the abortion was not necessary | for the preservation of the life or health of the mother. |
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