1. Title 6, Section 7 of the Consolidated Omnibus Laws of Lincoln Act is hereby amended as follows:
Section 7. Abortion services
(a) In general. —
A licensed or certified health care practitioner acting within his or her lawful scope of practice may perform an abortion when, according to the practitioner's reasonable and professional judgement that —
(1) the patient is within twenty-eight twenty weeks from the commencement of pregnancy;
(2) there is an absence of fetal viability; or
(3)(2) the abortion is necessary to protect the patient's life or physical
health.
(b) The Punishment for performing or facilitating an abortion outside of the circumstances prescribed in (a) shall be a prison sentence of at least 6 months, but no more than 3 years, for the doctor, nurse, or other medical practitioner(s) performing or facilitating the illegal abortion. However, nothing within this section shall be construed to allow any punishment of the woman receiving the illegal abortion, nor shall this section permit punishment of anyone employed by the abortion facility as a receptionist, technical assistant, janitor, or any similar position provided they are not present in the room where the abortion is occurring while it is occurring.
2. In the event of an unsuccessful abortion or attempted abortion that results in the live birth of the fetus, defined as the complete expulsion or extraction from his or her mother of that fetus, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion, the medical practitioners of the abortion facility shall:
1) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age.
2) Immediately Transport and admit such child to a hospital, except in a case where it is indisputably clear that the abortion facility can provide equivalent care to that provided in a hospital, or where the abortion facility is a hospital.
3) Punishment for violating 1) and/or 2) shall be a prison sentence of at least six months, but not more than five years.4) 3) Nothing within this legislation shall be construed to allow punishment of the woman on whom the unsuccessful abortion or attempted abortion was performed.
5) The woman receiving the unsuccessful abortion or attempted abortion shall be able to bring a civil suit against any health care practitioners who violate 1) or 2).
6) Nothing within this legislation shall prevent prosecution under Lincoln or Federal Law for Murder, in the case of an overt act by a medical practitioner to intentionally kill the child. This clause shall not imply that accidental medical malpractice is legally equivalent to Murder.3. This law shall take effect 60 days after passage.