(1) No partial-birth abortion shall be performed in this state, unless such procedure is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
(2) The intentional and knowing performance of an unlawful partial-birth abortion in violation of subsection (1) of this section is a Class III felony.
(3) No woman upon whom an unlawful partial-birth abortion is performed shall be prosecuted under this section or for conspiracy to violate this section.
(4) The intentional and knowing performance of an unlawful partial-birth abortion shall result in the automatic suspension and revocation of an attending physician's license to practice medicine in Nebraska by the Division of Public Health pursuant to sections 38-177 to 38-1,102.
(5) Upon the filing of criminal charges under this section by the Attorney General or a county attorney, the Attorney General shall also file a petition to suspend and revoke the attending physician's license to practice medicine pursuant to section 38-186. A hearing on such administrative petition shall be set in accordance with section 38-188. At such hearing, the attending physician shall have the opportunity to present evidence that the physician's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. A defendant against whom criminal charges are brought under this section may bring a motion to delay the beginning of the trial until after the entry of an order by the Director of Public Health pursuant to section 38-196. The findings of the director as to whether the attending physician's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, shall be admissible in the criminal proceedings brought pursuant to this section.
Notes of Decisions
Stenberg v. Carhart, 530 U.S. 914 (2000).
· cites it 7× “The statute defines "partial birth abortion" as: "an abortion procedure in which the person performing the abortion partially delivers vaginally a living unborn child before killing the unborn child and completing the delivery.”
Gonzales v. Carhart, 550 U.S. 124 (2007).
“, at 921 -922 (quoting Neb. Rev. Stat. Ann. §§28-328 (1), 28-326(9) (Supp.”
Carhart v. Stenberg, 11 F. Supp. 2d 1099 (D. Neb. 1998).
· cites it 4× “” LB 23 § 3(1), codified at Neb.Rev.Stat. § 28-328(1) (Michie 1997). 6.”
Summit Med. Assocs., P.C. v. Siegelman, 130 F. Supp. 2d 1307 (M.D. Ala. 2001).
· cites it 4× “Code § 26-23-4; Neb.Rev.Stat.Ann. § 28-328(1). The Nebraska life exception is possibly somewhat narrower in scope than Alabama’s because it includes the additional restriction that the woman’s life must be “endangered by a physical disorder, physical illness, or.”
Womens Servs., P. C. v. Thone, 483 F. Supp. 1022 (D. Neb. 1979).
· cites it 2× “Sections 28-328 and 28-334 provide criminal penalties for failure to comply with §§ 28-327 and 28-333 respectively; § 28-326(8) defines informed consent.”
Hicks v. State, 153 So. 3d 53 (Ala. 2014).
“’ Neb.Rev.Stat. Ann. § 28-328(1) (Supp.1999).”
Richmond Med. Ctr. for Women v. Gilmore, 224 F.3d 337 (4th Cir. 2000).
“See Neb.Rev.Stat. Ann. § 28-328, -326(9). It invalidated the Virginia statute because the statute imposed an undue burden on the right to an abortion before fetal viability, but for reasons unstated in that judgment; and because the statute did not contain an exception for the…”
— Neb. Rev. Stat. § 28-328(1) — 4 cases
Summit Med. Assocs., P.C. v. Siegelman, 130 F. Supp. 2d 1307 (M.D. Ala. 2001).
“Code § 26-23-4; Neb.Rev.Stat.Ann. § 28-328(1). The Nebraska life exception is possibly somewhat narrower in scope than Alabama’s because it includes the additional restriction that the woman’s life must be “endangered by a physical disorder, physical illness, or.”
Carhart v. Stenberg, 11 F. Supp. 2d 1099 (D. Neb. 1998).
“” LB 23 § 3(1), codified at Neb.Rev.Stat. § 28-328(1) (Michie 1997). 6.”
Hicks v. State, 153 So. 3d 53 (Ala. 2014).
“’ Neb.Rev.Stat. Ann. § 28-328(1) (Supp.1999).”
— Neb. Rev. Stat. § 28-328(2) — 1 case
Summit Med. Assocs., P.C. v. Siegelman, 130 F. Supp. 2d 1307 (M.D. Ala. 2001).
“Code § 26-23-4; Neb.Rev.Stat.Ann. § 28-328(1). The Nebraska life exception is possibly somewhat narrower in scope than Alabama’s because it includes the additional restriction that the woman’s life must be “endangered by a physical disorder, physical illness, or.”
— Neb. Rev. Stat. § 28-328(4) — 1 case
Carhart v. Stenberg, 11 F. Supp. 2d 1099 (D. Neb. 1998).
“” LB 23 § 3(1), codified at Neb.Rev.Stat. § 28-328(1) (Michie 1997). 6.”
— Neb. Rev. Stat. § 28-328(9) — 1 case
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