1215ja

___________________ moved that HB 1215 be amended as follows:

     On the printed bill, delete everything after the enacting clause and insert:

"

     Section 1. For the purposes of this Act, partial-birth infanticide is a procedure in which a person deliberately and intentionally vaginally delivers a living infant until, in the case of a head-first presentation, the infant's entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant's trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will cause the death of the partially delivered living infant; and deliberately and intentionally performs the overt act, other than completion of delivery, that cause the death of the partially delivered living infant.

     Section 2. No person may perform partial-birth infanticide. A violation of this section is a Class 6 felony.

     Section 3. Nothing is this Act prohibits any medical procedure required to prevent the death of either the mother or her infant as long as every reasonable effort is made to preserve the life of both.

     Section 4. No woman upon whom partial-birth infanticide is performed may be prosecuted under this Act for a conspiracy to violate this Act or for any other offense arising out of the performance of such procedure.

     Section 5. That subdivision (13) of § 34-25-1.1 be amended to read as follows:

             (13)      "Live birth," the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached . For purposes of this subdivision, expulsion or extraction means the infant's entire head is outside the body of the mother or any part of the infant's trunk past the navel is outside the body of the mother ;