HB 2336--
Session of 1997
By Representatives O'Connor, Ballou, Bradley, Burroughs, Carmody, Dahl, Donovan, Faber, Farmer, Flower, Franklin, Freeborn, Gilmore, Hayzlett, Henry, Howell, Hutchins, Jennison, Kejr, Phill Kline, Larkin, Lloyd, P.Long, Mason, Mayans, Mays, McClure,
Mollenkamp, Mor- rison, Myers, Neufeld, O'Neal, Pauls, J.Peterson, Powell, Powers, Presta, Shore, Shultz, Swenson, Thimesch, Toplikar, Vickrey, Vining and Wilk

AN ACT prohibiting partial-birth abortions; amending K.S.A. 1996 Supp. 65-6703 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 1996 Supp. 65-6703 is hereby amended to read as follows: 65-6703. (a) No person shall perform or induce an abortion when the fetus is viable unless such person is a physician and has a documented referral from another physician not financially associated with the phy- sician performing or inducing the abortion and both physicians determine that: (1) The abortion is necessary to preserve the life of the pregnant woman; or (2) the fetus is affected by a severe or life-threatening defor- mity or abnormality. (b) (1) No person shall perform or induce a partial-birth abortion. (2) As used in this subsection, ``partial-birth abortion'' means an abor- tion in which the physician performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. (3) Nothing in this section shall be construed to create a right to an abortion. Notwithstanding any provision of this section, a person shall not perform an abortion that is prohibited by law. (b) (c) Violation of this section is a class A person misdemeanor. Sec. 2. K.S.A. 1996 Supp. 65-6703 is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication in the Kansas register.