Sec. 1. 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; provided, however, that during the 3rd trimester of pregnancy, a partial birth abortion may be performed only when it is necessary to preserve the life of the mother. It is also the public policy of the State that all abortions may be performed only by a physician.

Sec. 2. 22 MRSA §1598, sub-§2, ķA-1 is enacted to read:

A-1.__"Partial birth abortion" means an abortion procedure that includes the deliberate and intentional evacuation of all or a part of the intracranial contents of a viable fetus prior to removal of the otherwise intact fetus from the body of a pregnant woman.

Sec. 3. 22 MRSA §1598, sub-§5 is enacted to read:

5.__Partial birth abortions; civil violation.__In addition to the penalties specified in subsections 3 and 4, a person who performs a partial birth abortion during the mother's 3rd trimester of pregnancy that is not done for the preservation of the life of the mother is subject to a civil penalty not to exceed $5,000, payable to the State.__This penalty is recoverable in a civil action.

SUMMARY

This bill prohibits a physician from performing a partial birth abortion during a mother's 3rd trimester of pregnancy unless it is necessary to preserve the life of the mother. Partial birth abortion is defined and a civil penalty of up to $5,000 is specified.