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H.R.1833 / 104th Congress

Partial-Birth Abortion Ban Act of 1995

Message on Senate action sent to the House.

Official summary

Version 36 · Passed House amended · Nov 1, 1995

Partial-Birth Abortion Ban Act of 1995 - Subjects anyone who knowingly performs a partial-birth abortion in or affecting interstate or foreign commerce to a fine or imprisonment for not more than two years or both. Defines "partial-birth abortion" as an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. Permits the father and (if the mother has not attained the age of 18 at the time of the abortion) the maternal grandparents to obtain, through a civil action, relief which would include money damages for all injuries and statutory damages equal to three times the cost of the partial-birth abortion, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Permits the affirmative defense to a prosecution or a civil action, which must be proved by a preponderance of the evidence, that the physician reasonably believed: (1) the procedure was necessary to save the mother's life; and (2) no other procedure would have sufficed for that purpose.

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Who introduced it

Rep. Canady, Charles T. [R-FL-12] · R–FL

Committees

  • Judiciary Committee
  • Judiciary Committee
115 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Message on Senate action sent to the House.

  2. Motion by Senator Lott to reconsider Vote No. 301 withdrawn in Senate by Unanimous Consent.

  3. Motion by Senator Lott to reconsider the vote by which H.R. 1833 failed of passage over the President's veto (Vote No. 301) entered in Senate.

  4. Failed of passage in Senate over veto by Yea-Nay Vote. 58-40. Record Vote No: 301.

    Senate roll call 301 · Individual votes
  5. Failed of passage in Senate over veto: Failed of passage in Senate over veto by Yea-Nay Vote. 58-40. Record Vote No: 301.

    Senate roll call 301 · Individual votes
  6. Veto message considered in Senate.

  7. Veto message received in Senate. Held at the desk.

  8. Two-thirds of the Members present having voted in the affirmative the bill is passed, the objections of the President to the contrary notwithstanding. Passed by the Yeas and Nays (2/3 required): 285 - 137 (Roll No. 422).

    House roll call 422 · Individual votes
  9. Passed House over veto: Two-thirds of the Members present having voted in the affirmative the bill is passed, the objections of the President to the contrary notwithstanding. Passed by the Yeas and Nays (2/3 required): 285 - 137 (Roll No. 422).

    House roll call 422 · Individual votes
  10. DEBATE - The House proceeded with one hour of debate on the question of passing the bill H.R. 1833 upon reconsideration, the objections of the President to the contrary notwithstanding.

  11. Motion to reconsider laid on the table Agreed to without objection.

  12. On motion that the House discharge the Committee on the Judiciary from further consideration of the veto Agreed to by the Yeas and Nays: 288 - 133 (Roll No. 421). (consideration: CR H10620)

    House roll call 421 · Individual votes
  13. The previous question was ordered without objection.

  14. DEBATE - The House proceeded with one hour of debate on the motion to discharge the Committee.

  15. Mr. Canady moved that the House that the House discharge the Committee on the Judiciary from further consideration of veto.

  16. On motion to refer the bill and the accompanying veto message to the Committee on Judiciary. Agreed to without objection.

  17. Mr. Canady moved to refer the bill and accompanying veto message to the Committee on Judiciary.

  18. The Chair announced that the message of the President would be spread at large upon the pages of the Journal and that the veto message and the bill be printed as a House Document

  19. The Chair laid before the House the veto message from the President.

  20. Vetoed by President. (consideration: CR 4/15/1996 H3338-3339)

  21. Vetoed by President.(consideration: CR 4/15/1996 H3338-3339)

  22. Presented to President.

  23. Presented to President.

  24. Motion to reconsider laid on the table Agreed to without objection.

  25. On motion that the House agree to the Senate amendments Agreed to by the Yeas and Nays: 286 - 129, 1 Present (Roll no. 94). (consideration: CR H2929)

    House roll call 94 · Individual votes
  26. Resolving differences -- House actions: On motion that the House agree to the Senate amendments Agreed to by the Yeas and Nays: 286 - 129, 1 Present (Roll no. 94).(consideration: CR H2929)

    House roll call 94 · Individual votes
  27. The previous question was ordered pursuant to the rule.

  28. DEBATE - The House proceeded with one hour of debate on the motion to agree to the Senate amendments.

  29. Pursuant to the provisions of H. Res. 389, the House moved to agree to the Senate amendments.

  30. Rule H. Res. 389 passed House.

  31. Rules Committee Resolution H. Res. 389 Reported to House. Rule provides for consideration of Senate amendments to H.R. 1833 with 1 hour of general debate. Upon adoption of this resolution, it shall be in order to to take the bill from the Speaker's table, with Senate amendments thereto, and to consider in the House a single motion to concur in each of the Senate amendments. The previous question shall be considered as ordered on the motion to final adoption without intervening motion or a demand for division of the question.

  32. Message on Senate action sent to the House.

  33. Passed Senate with amendments by Yea-Nay Vote. 54-44. Record Vote No: 596.

    Senate roll call 596 · Individual votes
  34. Passed/agreed to in Senate: Passed Senate with amendments by Yea-Nay Vote. 54-44. Record Vote No: 596.

    Senate roll call 596 · Individual votes
  35. Amendment SP 3092 not agreed to in Senate by Yea-Nay Vote. 44-53. Record Vote No: 595.

    Senate roll call 595 · Individual votes
  36. Amendment SP 3092 proposed by Senator Feinstein.

  37. Amendment SP 3091 agreed to in Senate by Voice Vote.

  38. Amendment SP 3091 proposed by Senator Smith.

  39. Amendment SP 3090 agreed to in Senate by Voice Vote.

  40. Amendment SP 3090 proposed by Senator Brown.

  41. Amendment SP 3085 agreed to in Senate by Voice Vote.

  42. SP 3088 fell when SP 3082 withdrawn.

  43. Proposed amendment SP 3082 withdrawn in Senate.

  44. Motion to table SP 3088 rejected in Senate by Yea-Nay Vote. 48-49. Record Vote No: 594.

    Senate roll call 594 · Individual votes
  45. Amendment SP 3088 proposed by Senator Smith for Senator Dewine to Amendment SP 3082.

  46. Amendment SP 3083 not agreed to in Senate by Yea-Nay Vote. 47-51. Record Vote No: 593.

    Senate roll call 593 · Individual votes
  47. Amendment SP 3080 agreed to in Senate by Unanimous Consent.

  48. Amendment SP 3081 agreed to in Senate by Yea-Nay Vote. 98-0. Record Vote No: 592.

    Senate roll call 592 · Individual votes
  49. Considered by Senate. (consideration: CR S18183-18228)

  50. Amendment SP 3085 proposed by Senator Brown.

  51. Considered by Senate. (consideration: CR S18071-18086)

  52. Amendment SP 3083 proposed by Senator Boxer to Amendment SP 3082.

  53. Amendment SP 3082 proposed by Senator Pryor.

  54. Amendment SP 3081 proposed by Senator Dole to Amendment SP 3080.

  55. Amendment SP 3080 proposed by Senator Smith.

  56. Considered by Senate. (consideration: CR S17997, S18002-18011)

  57. Measure laid before Senate by unanimous consent. (consideration: CR S17881-17903)

  58. Placed on Senate Legislative Calendar under General Orders. Calendar No. 249.

  59. Senate Committee on Judiciary discharged. Pursuant to the order of November 8, 1995.

  60. Senate Committee on Judiciary discharged. Pursuant to the order of November 8, 1995.

  61. Committee on Judiciary. Hearings held.

  62. Committed to Senate Committee on Judiciary by Yea-Nay Vote. 90-7. Record Vote No: 563. For a period not to exceed 19 calendar days to report or be discharged.

    Senate roll call 563 · Individual votes
  63. Motion by Senator Specter to commit to Senate Committee on Judiciary with instructions made in Senate. (consideration: CR S16805)

  64. Considered by Senate. (consideration: CR S16761-16801, S16804-16806)

  65. Measure laid before Senate by unanimous consent. (consideration: CR S16730-16752)

  66. Sponsor introductory remarks on measure. (CR H11783-11784)

  67. Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 224.

  68. Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

  69. Motion to reconsider laid on the table Agreed to without objection.

  70. On passage Passed by the Yeas and Nays: 288 - 139, 1 Present (Roll no. 756).

    House roll call 756 · Individual votes
  71. Passed/agreed to in House: On passage Passed by the Yeas and Nays: 288 - 139, 1 Present (Roll no. 756).

    House roll call 756 · Individual votes
  72. Pursuant to the provisions of H. Res. 251, the House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

  73. The previous question was ordered pursuant to the rule.

  74. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1833.

  75. GENERAL DEBATE - The Committee of the Whole resumed general debate.

  76. OBJECTION TO THE USE OF EXHIBITS - Mrs. Schroeder objected to the use of certain exhibits in the Committee of the Whole and demanded a recorded vote on the question. Pursuant to rule XXX, a recorded vote was ordered.

  77. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.

  78. The Speaker designated the Honorable Bill Emerson to act as Chairman of the Committee.

  79. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 251 and Rule XXIII.

  80. Rule provides for consideration of H.R. 1833 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted in the House and in the Committee of the Whole Measure will be considered read. Bill is closed to amendments.

  81. Considered under the provisions of rule H. Res. 251. (consideration: CR H11604-11618)

  82. Rule H. Res. 251 passed House.

  83. Rules Committee Resolution H. Res. 251 Reported to House. Rule provides for consideration of H.R. 1833 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted in the House and in the Committee of the Whole Measure will be considered read. Bill is closed to amendments.

  84. Placed on the Union Calendar, Calendar No. 138.

  85. Reported (Amended) by the Committee on Judiciary. H. Rept. 104-267.

  86. Reported (Amended) by the Committee on Judiciary. H. Rept. 104-267.

  87. Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 12.

  88. Committee Consideration and Mark-up Session Held.

  89. Committee Consideration and Mark-up Session Held.

  90. Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 7 - 5.

  91. Subcommittee Consideration and Mark-up Session Held.

  92. Referred to the Subcommittee on the Constitution.

  93. Referred to the House Committee on the Judiciary.

  94. Introduced in House

  95. Introduced in House

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