Chapter 91a

COL 04020910GCA HEALTH AND SAFETY CH.91ATHE PARTIAL -BIRTH ABORTION BAN ACT OF 2008 1CHAPTER 91A THE PARTIAL -BIRTH ABORTION BAN ACT OF 2008 SOURCE: Chapter was added by P.L. 29-115:1 (Nov. 18, 2008) . § 91A1 01.Title § 91A1 02.Legislative Findings and Intent. § 91A103. Definitions. § 91A104. Prohibition . § 91A105. Partial -Birth Abortions P unished . § 91A106. Criminal Penalties . § 91A107. Civil Penalties . § 91A108. Review by the Guam Board of Medical Examiners . § 91A109. Prosecutorial Exclusion . § 91A110. Construction . § 91A111. Penalties for Ambulatory Healthcare Facilities . § 91A1 01. Title. This Chapter may be cited and referred to as 'The Partial -Birth Abortion Ban Act of 2008'. § 91A102. Legislative Findings and Intent . I Liheslaturan Guåhan finds that a moral, medical, and ethical consensus exists that the practice of performing a part ial-birth abortion is a gruesome and inhumane procedure that is never medically necessary and should be prohibited. The passage by the 108th Congress with the Pre sident signing the federal Partial -Birth Abortion Ban Act of 2003 into law provides a legal di rection for Guam to ban partial -birth abortions.

bited. The passage by the 108th Congress with the Pre sident signing the federal Partial -Birth Abortion Ban Act of 2003 into law provides a legal di rection for Guam to ban partial -birth abortions. I Liheslaturan Guåhan further finds that on March 18, 2007, the United States Supreme Court upheld this position in Gonzales v. Carhart, 127 S. Ct. 1610 (2007), ruling that the State may prohibit partial -birth abortions that do not include the maternal 'health' exception. The language in this bill stems from and uses as its primary influence the language of the federal 'Partial -Birth Abortion Ban Act of 2003, 18 U.S.C. §1531', upheld in Gonzales. Partial -birth abortion poses serious risks to the long -term health of women. It is notan abortion procedure that is universally embraced by the mainstream medical community. Partial -birth abortion poses serious risks to the health of a woman COL 04020910GCA HEALTH AND SAFETY CH.91ATHE PARTIAL -BIRTH ABORTION BAN ACT OF 2008 2undergoing the proced ure. Those risks include, among other things: an increase in a woman’s risk of suffering from cervical incompetence, a re sult of cervical dilation making it difficult orimpossible for a woman

proced ure. Those risks include, among other things: an increase in a woman’s risk of suffering from cervical incompetence, a re sult of cervical dilation making it difficult orimpossible for a woman to successfully carry a subsequent pregnancy to term; an incre ased risk of uterine rupture, abruption, amniotic fluid embolus, and trauma to the ute rus as a result of converting the child to a footling breech position, a procedure which, according to a leading obstetrics textbook, 'there are very few, if any, indicat ions for other than for delivery of a second twin'; and a risk of lacerations and secondary hemorrhaging due to the doctor blindly forcing a sharp instrument into the base of the unborn child’s skull while he orshe is lodged in the birth canal, an act whi ch could result in severe bleeding and subsequent shock. As a result, at least thirty -one (31) States have enacted bans of 'partial -birth' abortions, as did the 104th, 105th, 106th and 108th Congresses, and the President, upon signing of the 'Partial -Birth Abortion Ban Act of 2003' into law. There is nocredible medical evidence that partial -birth abortions are safer than other abortion procedures.

and the President, upon signing of the 'Partial -Birth Abortion Ban Act of 2003' into law. There is nocredible medical evidence that partial -birth abortions are safer than other abortion procedures. Nocontrolled studies of partial -birth abortions have been conducted norhave any comparative studies been conducted to demonstrate its safety and efficacy compared to othe r abortion methods. Furthermore, there have been noarticles published in peer -review journals that establish that partial -birth abortions are superior in any way to established abortion proce dures. In light of the overwhelming evidence, Guam has an interest in prohibiting partial -birth abortions. Both Roe v. Wade andPlanned Parenthood v. Casey, 505 U.S. 833 (1992) recognized a governmental interest in protecting the life of a child during th e delivery process. This interest arises during a partial -birth abortion because labor is induced and the birth process has begun. Partial -birth abortions kill a child that is mere inches away from becoming a 'person' under Roe. Thus, the government has a heightened interest in protecting the life of the partially -born child.

Partial -birth abortions kill a child that is mere inches away from becoming a 'person' under Roe. Thus, the government has a heightened interest in protecting the life of the partially -born child. The public’s perception of the appropriate role of a physician during the delivery process is undermined by aborting a child in the manner that purposefully seeks to kill the child in ches from 'personhood' and the resulting protections conferred upon the fully born child. Partial -birth abortion is disturbingly similar to the killing of a new born infant and blurs the line between infanticide and abortion. This legislation reinforces th e line at birth between abortion and infanticide that the COL 04020910GCA HEALTH AND SAFETY CH.91ATHE PARTIAL -BIRTH ABORTION BAN ACT OF 2008 3Supreme Court established in Roe v. Wade, 410 U.S. 113 (1973). This legislation draws a bright line that clearly distinguishes abortion and infanticide that preserves the integrity of the medical p rofession, and promotes respect for human life. The vast majority of babies killed during partial -birth abortions are alive up through the very end of the procedure.

s the integrity of the medical p rofession, and promotes respect for human life. The vast majority of babies killed during partial -birth abortions are alive up through the very end of the procedure. It is a medical fact that unborn infants subjected to partial -birth abortion can feel pai n when subjected to painful stimuli. Furthermore, an unborn child’s perception of pain is even more than that of newborn infants and older children. I Liheslaturan Guåhan , for these reasons, finds that partial -birth abortion is in fact unrecognized as a v alid abortion procedure by the mainstream medical community; poses additional health risks to the mother; blurs the line between abortion and infanticide in the killing of a partially - born child just inches from birth; and confuses the role of the physicia n in childbirth and should, therefore, be banned. § 91A1 03. Definitions. For purposes of this Chapter, the following words and phrases are defined to mean: (a) The term partial -birth abortion means an abortion in which the person performing the abortion: (1)deliberately and intentionally vaginally delivers a living fetus until, in the case of a head -first presentation, the entire fetal

n means an abortion in which the person performing the abortion: (1)deliberately and intentionally vaginally delivers a living fetus until, in the case of a head -first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside of the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially -delivered living fetus; and (2) performs the overt act, other than completion of delivery, that kills the partially -delivered l iving fetus. (b) The term physician means a doctor of medicine orosteopathy legally authorized to practice medicine and surgery by the Guam Board of Medical Examiners in which the doctor performs such activity, oranyother individual legally authorized b y the Guam Board of Medical Examiners to perform abortions; provided, however, that any individual who is nota physician ornototherwise legally authorized by the Guam Board of Medical Examiners to perform abortions, but who nevertheless directly perform s a partial -birth abortion, shall be subject to the provisions of this COL 04020910GCA HEALTH AND SAFETY

e Guam Board of Medical Examiners to perform abortions, but who nevertheless directly perform s a partial -birth abortion, shall be subject to the provisions of this COL 04020910GCA HEALTH AND SAFETY CH.91ATHE PARTIAL -BIRTH ABORTION BAN ACT OF 2008 4Section. § 91A1 04. Prohibition . A person shall not knowingly perform orattempt to perform a partial - birth abortion. Any physician who knowingly performs a partial -birth abortion and t hereby kills a human fetus shall be fined under this Title or imprisoned notmore than ten (10) years, orboth. This Subsection takes effect one (1) day after the enactment. This Subsection does notapply to a partial -birth abortion that is necessary to s ave the life of a mother whose life is endangered by a physical disorder, physical illness, orphysical injury, including a life -endangering physical condition caused by orarising from the pregnancy itself. § 91A1 05. Partial -Birth Abortions Punished . Any person performing a partial -birth abortion shall be guilty of a third degree felony. § 91A1 06. Criminal Penalties . (a) Any person who intentionally orknowingly violates this Act is guilty of a third degree felony.

a partial -birth abortion shall be guilty of a third degree felony. § 91A1 06. Criminal Penalties . (a) Any person who intentionally orknowingly violates this Act is guilty of a third degree felony. (b) Any physician who intentionally orknowingly performs a partial - birth abortion and thereby kills a human fetus shall be fined notlessthan Ten Thousand Dollars ($10,000.00) normore thanOne-Hundred Thousand Dollars ($100,000.00) under this Title, orimprisoned for notlessthanone (1)year normore thanten (10) years, orboth. § 91A1 07. Civil Penalties . (a) The father, ifmarried to the mother at the time she receives a partial -birth abortion procedure, and ,ifthe mother has notattained the age of eighteen (18) years at the time of the abortion, the maternal grandparents of the fetus mayin a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct orthe plaintiff consented to the abortion. (b) Such relief shall include: (1)money damages for all injuries, psychological and physical, occasioned by the violation of this Section; and (2)statutory damages equal to three (3) times the cost of partial - birth abortion.COL 04020910GCA HEALTH

or all injuries, psychological and physical, occasioned by the violation of this Section; and (2)statutory damages equal to three (3) times the cost of partial - birth abortion.COL 04020910GCA HEALTH AND SAFETY CH.91ATHE PARTIAL -BIRTH ABORTION BAN ACT OF 2008 5(3)Attorney’s Fees. Ifjudgment is rendered in favor of the plainti ff in an action described in this Section, the court shall also render judgment for a reasonable attorney’s fee in favor of the plaintiff against the defendant. Ifthe judgment is rendered in favor of the defendant and the court finds that the plaintiff’s suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney’s fee in favor of the defendant against the plaintiff. § 91A1 08. Review by the Gua m Board of Medical Examiners . (a) A defendant accused of an off ense under this Section may seek a hearing before the Guam Board of Medical Examiners as to whether the physician’s conduct was necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, orphysical injury, including a life -endangering physical condition caused by orarising from the pregnancy itself.

ife of the mother whose life is endangered by a physical disorder, physical illness, orphysical injury, including a life -endangering physical condition caused by orarising from the pregnancy itself. (b) The findings on the issue are admissible at the civil and/or c riminal trial(s) of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial(s) for notmore thanthirty (30) days to permit such a hearing to take place. (c) A defendant convicted of an offense under this Act shall have his medical license revoked by the Guam Board of Medical Examiners. § 91A1 09. Prosecuto rial Exclusion . A woman upon whom a partial -birth abortion is performed may notbe prosecuted under this Section for a conspiracy to violate Section 3 of this bill. § 91A1 10. Construction. (a) Nothing in this Act shall be construed as creating orrecogniz ing a right to abortion. (b) It is notthe intention of this Chapter to make lawful an abortion that is currently unlawful. § 91A1 11. Penalties for Ambulatory Healthcare Facilities . (a) An ambulatory healthcare facility licensed pursuant to Chapter 15, Title 18 of the Guam Code Annotated in which the partial -birth abortion

A1 11. Penalties for Ambulatory Healthcare Facilities . (a) An ambulatory healthcare facility licensed pursuant to Chapter 15, Title 18 of the Guam Code Annotated in which the partial -birth abortion is performed in shall be in violation of this Act and shall be subject to immediate revocation of its license(s) by the Guam Board of Medical Examiners, pursuant to Part 1, Article 2, §12209, Chapter 12, Title 10 of the COL 04020910GCA HEALTH AND SAFETY CH.91ATHE PARTIAL -BIRTH ABORTION BAN ACT OF 2008 6Guam Code Annotated. (b) An ambulatory healthcare facility license pursuant to Chapter 15, Title 18 of the Guam Code Annotated in which the partial -birth abortion is performed in, shall be in violation of this Act and shall lose all local funding for two (2) years and will be required to reimburse the government for funds from the calendar/fiscal year in which the partial -birth abortion was performed. ----------COL 040209