Ariz. House Passes Abortion Ban Slightly Different From Bill Gov. Vetoed

Main Category: Abortion
Article Date: 25 Apr 2008 - 9:00 PDT

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The Arizona House on Tuesday voted 31-24 to approve a measure (SB 1048) that would ban so-called "partial-birth" abortion in the state, Capitol Media Services/Arizona Daily Star reports. Gov. Janet Napolitano (D) earlier this month vetoed a similar but not identical bill (HB 2769). SB 1048 addresses two differences between the bill Napolitano vetoed and a federal law banning partial-birth abortions, which the governor cited in her veto letter for HB 2769 (Fischer, Capitol Media Services/Arizona Daily Star, 4/23).

Napolitano's letter said HB 2769 included a harsher criminal penalty than the federal version and lacked a provision allowing physicians to seek a state government hearing on whether the procedure was necessary to save a woman's life. Napolitano said that "rather than introducing more criminal penalties into the relationship between a woman and her physician, let us focus our collective efforts to remedy the root issue of unwanted pregnancies by addressing such important topics as family planning and the prevention of sexual violence against women." SB 1048 differs from HB 2769 by setting a maximum two-year penalty as required under the federal law. In addition, SB 1048 adds a provision, also in the federal law, that allows physicians to seek an opinion from a medical review panel to determine if the procedure was medically justified (Daily Women's Health Policy Report, 4/14).

The bill now heads to the Senate (Capitol Media Services/Arizona Daily Star, 4/23). Napolitano spokesperson Jeanine L'Ecuyer would not say whether the governor would sign the amended legislation if it is approved in the Senate, the AP/KTAR reports (AP/KTAR, 4/22).

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