Another bill to restrict abortions headed to Napolitano’s desk, with 2 changes

By Howard Fischer
Capitol Media Services
Published/Last Modified on Thursday, April 10, 2008 3:06 PM MDT


 PHOENIX — State lawmakers are going to give Gov. Janet Napolitano a chance to prove that, when it comes to abortion restrictions, she means what she says.


 On a 6-3 vote Wednesday, the House Committee on Natural Resources and Public Safety approved a measure to again make “partial- birth’’ abortions illegal in Arizona. The measure now goes to the full House

 The vote comes less than a week after Napolitano vetoed a similar — but not identical — bill. And it is in that difference that abortion foes hope to change her mind.

 Arizona’s first attempt to outlaw the late-term procedure, enacted in 1997, was blocked from taking effect by a federal judge who said its provisions were unconstitutional.

 Since that time, though, the U.S. Supreme Court upheld a federal statute outlawing the procedure except to save the life of the mother. Backers of the bill that went to Napolitano last week said that measure was patterned after the federal law.

 But Napolitano, in her veto message, pointed out two differences. First, the federal law  sets the maximum penalty for doctors at no more than two years in prison. Arizona’s version could have led to longer incarceration.  Second, the federal law lets a doctor charged with breaking the law seek an opinion from a panel of other physicians to determine whether the procedure was medically justified. That provision, in the original version of the Arizona bill, was stripped out at the request of the Arizona Medical Board — the panel that would have had to do that here — amid concerns of board members, virtually all of whom are Napolitano appointees.

 The new version, stripped into SB 1048, includes both the two- year maximum penalty and the medical review provision. “This bill is doing exactly what the governor asked for,’’ said Rep. Jerry Weiers, R-Glendale.

 But Napolitano’s signature on the new version, assuming it gets to her desk, still remains unclear.

 Gubernatorial press aide Jeanine L’Ecuyer said she would not comment on the measure.  And Rep. Kyrsten Sinema, D-Phoenix, said supporters of the legislation were looking at just part of the veto message.

 She noted that Napolitano also said it would be preferable for lawmakers to instead pay more attention to the causes of unwanted pregnancy by addressing issues of family planning and violence against women “rather than introducing more criminal penalties into the relationship between a woman and her physician.’’ Sinema said she, too, does not believe the procedure should be criminalized. “It still places some unnecessary restrictions on women who are, sadly, facing a difficult choice at a later time in pregnancy, often in circumstances beyond their own control or their own choosing,’’ she said.

 The legislation is being pushed by the state’s three Catholic bishops and the anti-abortion Center for Arizona Policy.

 Ron Johnson, who lobbies for the bishops, said the lack of a state statute does not preclude doctors from being charged under the federal law. But Johnson said such action is contingent on a federal prosecutor deciding to pursue the case; a state law gives that power to the 15 county attorneys.

 Johnson also said there is some possibility a federal judge would throw out a case unless there were some showing the procedure involved interstate commerce, such as having a patient or doctor cross state lines.

 Napolitano also vetoed another measure that same day, this one spelling out in statute the factors that judges must consider when determining if a minor is mature enough to terminate a pregnancy without parental consent. She called the measure unnecessary, saying those factors already are in court decisions. There has been no legislative attempt to resurrect that issue so far.

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