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Partial Brith Abortion Ban Approved

JEFFERSON CITY - After several unsuccessful amendments and more than two hours of debate, the Missouri House of Representatives granted preliminary passage to a ban on partial-birth abortions.

A similar bill was passed by both chambers in 1997 only to be vetoed by Gov. Mel Carnahan who objected that the bill provided to exception when the mother's health was at risk.

"A living infant deserves protection," said Rep. Bill Luetkenhaus, D-St. Charles, sponsor of the "Infant Protection Act," as it is labeled in the bill. "An infant is a human being at the time it is being delivered."

The bill would make the killing of a child after it has been delivered to the navel a Class A felony, punishable by capital punishment.

The bill has 115 cosponsors -- far more than the two-thirds vote that would be needed to override a governor's veto in the House.

Chuck Graham, D-Columbia, suggested two amendments to clarify a time period during the gestation in which the bill would apply, by stating the procedure would only apply to partial births after the first trimester.

Luetkenhaus said the proposed amendments were not necessary.

Bob Clayton, D-Hannibal, proposed an amendment that outlined what severe consequences to the mother might be means to protect the mother over the child. The amendment also was defeated.

Carnahan has said that a provision regarding the health of the mother would need to be present in the bill before he would sign it into law.

Vicky Riback Wilson, D-Columbia, said she believed the bill may be ruled unconstitutional.

"Many of the provisions proposed to 'Roe v. Wade' have been ruled unconstitutional," Wilson said. "This (the bill) could be applied to any abortion procedure."

Luetkenhaus said that the legislation is unique, not only to Missouri but in the country.

The bill faces a final House vote before going to the Senate -- where the governor's veto was sustained by just a one-vote margin in 1997. Since then, one of the members who voted to sustain that veto was defeated by a solid abortion-rights opponent.