S 3 108th Congress Senate Crime and Law Enforcement Abortion Administrative remedies Civil actions and liability Conspiracy Criminal liability Damages Evidence (Law) Families Fathers Fetus Fines (Penalties) Government Operations and Politics Grandparents Health Law Medical ethics Mothers Osteopathy and osteopaths Peer review organizations (Medicine)

Partial-Birth Abortion Ban Act of 2003

Introduced: February 14, 2003 See on congress.gov

Everywhere this bill has been 49 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

Nov 5, 2003

Became Public Law No: 108-105.

Nov 5, 2003

Signed by President.

Oct 28, 2003

Presented to President.

Oct 22, 2003

Message on Senate action sent to the House.

Oct 21, 2003

Senate agreed to conference report by Yea-Nay Vote. 64 - 34. Record Vote Number: 402.

Oct 21, 2003

Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 64 - 34. Record Vote Number: 402.

Oct 21, 2003

Conference report considered in Senate. (consideration: CR S12914-12948)

Oct 2, 2003

Conference papers: message on House action held at the desk in Senate.

Oct 2, 2003

On agreeing to the conference report Agreed to by the Yeas and Nays: 281 - 142 (Roll no. 530). (consideration: CR H9155)

Oct 2, 2003

Motions to reconsider laid on the table Agreed to without objection.

Oct 2, 2003

The previous question was ordered without objection.

Oct 2, 2003

DEBATE - The House proceeded with one hour of debate on the conference report to accompany S. 3.

Oct 2, 2003

Mr. Sensenbrenner brought up conference report H. Rept. 108-288 for consideration under the provisions of H. Res. 383. (consideration: CR H9142-9155)

Oct 2, 2003

Rule H. Res. 383 passed House.

Oct 1, 2003

Rules Committee Resolution H. Res. 383 Reported to House. Rule provides for consideration of the conference report to S. 3. All points of order against the conference report and against its consideration are waived. The conference report shall be considered as read when called up for consideration.

Sep 30, 2003

Conferees agreed to file conference report.

Sep 30, 2003

Conference committee actions: Conferees agreed to file conference report.

Sep 30, 2003

Conference papers: Senate report and manager's statement held at the desk in Senate.

Sep 30, 2003

Conference report H. Rept. 108-288 filed. (text of conference report: CR H8991-8996)

Sep 30, 2003

Conference report filed: Conference report H. Rept. 108-288 filed.(text of conference report: CR H8991-8996)

Sep 25, 2003

The Speaker appointed conferees: Chabot and Lofgren.

Sep 23, 2003

Message on Senate action sent to the House.

Sep 22, 2003

Senate appointed conferees Hatch, DeWine, Santorum, Feinstein, Boxer.

Sep 17, 2003

Under authority of the order of July 30, 2003, Senate disagreed to House amendment to the Senate bill and agreed to request for conference.

Sep 17, 2003

Motion to disagree to House amendment to Senate bill agreed to by Yea-Nay Vote. 93 - 0. Record Vote Number: 351. (consideration: CR S11589-11601, S11614-11620)

Jun 5, 2003

Message on House action received in Senate and at desk: House amendment to Senate bill and House requests a conference.

Jun 4, 2003

The Speaker appointed conferees - from the Committee on the Judiciary for consideration of the Senate bill and the House amendment, and modifications committed to conference: Sensenbrenner, Hyde, and Nadler.

Jun 4, 2003

On motion that the House instruct conferees Agreed to by voice vote.

Jun 4, 2003

The previous question was ordered without objection.

Jun 4, 2003

DEBATE - The House proceeded with one hour of debate on the motion to instruct conferees. The instructions contained in the motion seek to require that the managers on the part of the House insist that (1) the committee of conference allow opportunity for members of the committee of conference to offer and debate amendments at all meetings of such conference; and (2) all meetings of the committee of conference (A) be open to the public and to the print and electronic media; and (B) be held in venues selected to maximize the capacity for attendance of the public and the media.

Jun 4, 2003

Mr. Nadler moved that the House instruct conferees. (consideration: CR H4953; text: CR H4953)

Jun 4, 2003

On motion that the House insist upon its amendment, and request a conference Agreed to by voice vote.

Jun 4, 2003

Mr. Sensenbrenner moved that the House insist upon its amendment, and request a conference.

Jun 4, 2003

A similar measure H.R. 760 was laid on the table without objection.

Jun 4, 2003

Motion to reconsider laid on the table Agreed to without objection.

Jun 4, 2003

On passage Passed without objection. (text: CR H4951-4953)

Jun 4, 2003

Passed/agreed to in House: On passage Passed without objection.(text: CR H4951-4953)

Jun 4, 2003

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 760. Agreed to without objection.

Jun 4, 2003

Rule provides for consideration of H.R. 760 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Section 2 of the rule provides that after passage of H.R. 760, it shall be in order to take from the Speaker's table S. 3, the Partial-Birth Abortion Act of 2003, and to consider the Senate bill in the House. The rule further provides for a motion to strike all after the enacting clause of S. 3 and to insert in lieu thereof the provisions of H.R. 760 as passed by the House and waives all points of order against the motion to strike and insert. Measure will be considered read. A specified amendment is in order.

Jun 4, 2003

Considered under the provisions of rule H. Res. 257. (consideration: CR H4951-4953)

Mar 13, 2003

Held at the desk.

Mar 13, 2003

Received in the House.

Mar 13, 2003

Message on Senate action sent to the House.

Mar 13, 2003

Passed Senate with an amendment by Yea-Nay Vote. 64 - 33. Record Vote Number: 51. (text of measure as passed Senate: CR S3658-3660)

Mar 13, 2003

Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 64 - 33. Record Vote Number: 51.(text of measure as passed Senate: CR S3658-3660)

Mar 13, 2003

Considered by Senate. (consideration: CR S3653-3662)

Mar 12, 2003

Motion by Senator Boxer to commit to Senate Committee on the Judiciary with instructions rejected in Senate by Yea-Nay Vote. 42 - 56. Record Vote Number: 47.

Mar 12, 2003

Motion by Senator Boxer to commit to Senate Committee on the Judiciary with instructions made in Senate.

Mar 12, 2003

Considered by Senate. (consideration: CR S3560-3614)

Votes taken on this bill 5

Date	Chamber	What was voted on	Result	Yes–No
Oct 21, 2003	Senate · vote #402	On the Conference Report S. 3	Agreed To	64–34	See who voted →
Oct 2, 2003	House · vote #530	On Agreeing to the Conference Report	Passed	281–142	See who voted →
Sep 17, 2003	Senate · vote #351	On the Motion (Motion to Disagree To The Amendment Of The House To S.3 )	Agreed To	93–0	See who voted →
Mar 13, 2003	Senate · vote #51	On Passage of the Bill S. 3	Passed	64–33	See who voted →
Mar 12, 2003	Senate · vote #47	On the Motion (Boxer Motion To Commit S. 3 To The Judiciary Committee With Inst…	Rejected	42–56	See who voted →

Amendments to this bill 4

Amendments propose changes to this bill. Members vote on amendments separately before the final bill vote. An agreed amendment becomes part of the bill; a failed amendment does not.

2 agreed to 1 failed 1 pending / other

Amendment	Sponsor	Purpose	Status	Latest action
SAMDT 261	—	In the nature of a substitute.	Failed	Mar 12, 2003
SAMDT 260	—	To express the sense of the Senate concerning the decision of the Supreme Court in Roe v. Wade.	Agreed to	Mar 12, 2003
SAMDT 259	Durbin, Richard J.	In the nature of a substitute.	Agreed to	Mar 12, 2003
SAMDT 258	Murray, Patty	To improve the availability of contraceptives for women.	Ruled out of order	Mar 11, 2003

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Plain-English summary Congressional Research Service

(This measure has not been amended since the Conference Report was filed in the House on September 30, 2003. The summary of that version is repeated here.)

Partial-Birth Abortion Ban Act of 2003 - Amends the Federal criminal code to prohibit any physician or other individual from knowingly performing a partial-birth abortion, except when necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury.

Defines a "partial-birth abortion" as an abortion in which the person performing the abortion: (1) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the mother's body, or, in the case of a breech presentation, any part of the fetal trunk past the navel is outside the mother's body; and (2) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.

Authorizes the father, if married to the mother at the time of the abortion, and the maternal grandparents of the fetus, if the mother is under 18 years of age, to obtain specified relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.

Authorizes a defendant accused of an offense under this Act to seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother.

Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.

What's happening now November 5, 2003

Became Public Law No: 108-105.

Related & companion bills 2

Bill text 6 versions

Engrossed Amendment House Formatted Text PDF
Engrossed in Senate Formatted Text PDF
Enrolled Bill Formatted Text PDF
Introduced in Senate Formatted Text PDF
Placed on Calendar Senate Formatted Text PDF
Public Law Formatted Text PDF

Source documents hosted by congress.gov.

Committees of jurisdiction 1

Judiciary Committee
House of Representatives

Cosponsors 6

Murkowski, Lisa

Alaska · Mar 11, 2003

South Carolina · Feb 14, 2003

Grassley, Chuck

Iowa · Feb 14, 2003

McConnell, Mitch

Kentucky · Feb 14, 2003

Cite this page click to expand

APA

U.S. Congress. (2026). S. 3: Partial-Birth Abortion Ban Act of 2003. 108th Congress. Open America. https://openamerica.io/bill/108-S-3/

MLA

"S. 3: Partial-Birth Abortion Ban Act of 2003." 108th Congress, 2026, Open America, https://openamerica.io/bill/108-S-3/.

Bluebook (legal)

S. 3, 108th Cong. (2026), https://openamerica.io/bill/108-S-3/.

Markdown link

[S. 3: Partial-Birth Abortion Ban Act of 2003](https://openamerica.io/bill/108-S-3/)