Sec. 1. 22 MRSA §1597-B is enacted to read:

§1597-B.__Partial-birth abortions prohibited

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Abortion" means the intentional interruption of a pregnancy by the application of external agents, whether chemical or physical, or by the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus.

B.__"Partial-birth abortion" means an abortion in which the physician performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.

C.__"Partially vaginally delivers a living fetus before killing the fetus" means deliberately and intentionally delivering 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 killing the fetus.

2.__Partial-birth abortions prohibited; exception.__A physician may not knowingly perform a partial-birth abortion and thereby kill a human fetus.__This prohibition does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness or injury.

3.__Criminal liability.__A physician who violates this section commits a Class D crime.

4.__Hearing.__A physician accused of an offense under this section may seek a hearing before the Board of Licensure in Medicine or the Board of Osteopathic Licensure, as applicable, 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 at the trial of the physician.__Upon a motion of the physician, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.

5.__Immunity.__A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for a