Tennessee § 39-15-209 - Partial birth abortions.

§ 39-15-209. Partial birth abortions.

For purposes of this section, unless the context otherwise requires: “Partial-birth abortion” means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery; and “Vaginally delivers a living fetus before killing the fetus” means deliberately and intentionally delivers into the vagina a living fetus, or a substantial portion of a living fetus, for the purpose of performing a procedure the physician knows will kill the fetus, and kills the fetus. No person shall knowingly perform a partial-birth abortion. Subsection (b) shall not apply to a partial-birth abortion that is necessary to save the life of the mother whose life is endangered by a physical disorder, illness or injury. A defendant accused of an offense under this section may seek a hearing before the state medical board that licenses the physician, on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, illness or injury. The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than thirty (30) days to permit the hearing to take place. Performance of a partial-birth abortion in knowing or reckless violation of this section shall be a Class C felony. A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for violating this section or any of its provisions, or for conspiracy to violate this section or any of its provisions. Acts 1997, ch. 414, § 1. Cross-References. Penalty for Class C felony, § 40-35-111 . Attorney General Opinions. Constitutionality, OAG 97-056 (4/28/97). An absolute ban on “partial-birth abortion” that does not contain an exception for preservation of the health of the mother is unconstitutional. If the ban also applied to a more commonly-used procedure, dilation and evacuation, as well as the dilation and extraction procedure, it would impose an undue burden on a woman’s ability to choose an abortion, and would be unconstitutional, OAG 04-055 (3/30/2004).