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Partial-Birth Abortion Ban Act of 2003

Public Law 108-105 · S. 3 · 108th Congress · began in the Senate

Signed by George W. Bush (R) on Nov 5, 2003 · Crime and Law Enforcement

Major law

Sponsor: Sen. Rick Santorum (R-PA)

Cosponsors (45): Sen. Peter Fitzgerald,

Passage votesYeaNay

  • HouseRecorded vote: 281 yea, 142 nay281–142
  • SenateRecorded vote: 64 yea, 34 nay64–34
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

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.

Who voted for it

Every senator of the 108th Congress on the ideology compass. Highlighted: the 64 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.

64 yea34 nay2 present or did not vote

Dimension 2
Economic left–right
More liberalMore conservative

Democrats who voted yea(17)

  • Sen. Robert ByrdD-WV
  • Sen. Patrick LeahyD-VT
  • Sen. Tom DaschleD-SD
  • Sen. Harry ReidD-NV
  • Sen. Fritz HollingsD-SC
  • Sen. Tim JohnsonD-SD
  • Sen. Byron DorganD-ND
  • Sen. Joseph BidenD-DE
  • Sen. Mark PryorD-AR
  • Sen. Kent ConradD-ND
  • Sen. Thomas CarperD-DE
  • Sen. Mary LandrieuD-LA
  • Sen. Blanche LincolnD-AR
  • Sen. Evan BayhD-IN
  • Sen. John BreauxD-LA
  • Sen. Ben NelsonD-NE
  • Sen. Zell MillerD-GA

Republicans who voted yea(47)

  • Sen. Arlen SpecterR-PA
  • Sen. Mike DeWineR-OH
  • Sen. Gordon SmithR-OR
  • Sen. Lisa MurkowskiR-AK
  • Sen. Norm ColemanR-MN
  • Sen. Ben CampbellR-CO
  • Sen. John McCainR-AZ
  • Sen. George VoinovichR-OH
  • Sen. John WarnerR-VA
  • Sen. Ted StevensR-AK
  • Sen. Richard LugarR-IN
  • Sen. Kit BondR-MO
  • Sen. Jim TalentR-MO
  • Sen. Chuck HagelR-NE
  • Sen. Peter FitzgeraldR-IL
  • Sen. Chuck GrassleyR-IA
  • Sen. Pat RobertsR-KS
  • Sen. Pete DomeniciR-NM
  • Sen. Bill FristR-TN
  • Sen. Lamar AlexanderR-TN
  • Sen. Robert BennettR-UT
  • Sen. Elizabeth DoleR-NC
  • Sen. Thad CochranR-MS
  • Sen. Sam BrownbackR-KS
  • Sen. Lindsey GrahamR-SC
  • Sen. George AllenR-VA
  • Sen. Judd GreggR-NH
  • Sen. Richard ShelbyR-AL
  • Sen. Orrin HatchR-UT
  • Sen. Saxby ChamblissR-GA
  • Sen. Mitch McConnellR-KY
  • Sen. Conrad BurnsR-MT
  • Sen. John EnsignR-NV
  • Sen. Trent LottR-MS
  • Sen. Rick SantorumR-PA
  • Sen. John CornynR-TX
  • Sen. John SununuR-NH
  • Sen. Jim BunningR-KY
  • Sen. Mike CrapoR-ID
  • Sen. Jim InhofeR-OK
  • Sen. Larry CraigR-ID
  • Sen. Jeff SessionsR-AL
  • Sen. Wayne AllardR-CO
  • Sen. Michael EnziR-WY
  • Sen. Craig ThomasR-WY
  • Sen. Jon KylR-AZ
  • Sen. Don NicklesR-OK
Data notes

The Senate’s recorded vote on the final version of the law (roll call 402 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.

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Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

2 bills the Library of Congress relates to this one.

  • H.R. 760Procedurally-relatedRelated bill

    Partial-Birth Abortion Ban Act of 2003

  • H.Res. 383Procedurally-related

    Waiving points of order against the conference report to accompany the bill (S. 3) to prohibit the procedure commonly known as partial-birth abortion.

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 54 actions.

  1. Nov 5, 2003Became lawBecame law · Became Public Law No: 108-105.
  2. Became lawBecame law · Signed by President.
  3. Oct 28, 2003FloorFloor · Presented to President.
  4. Oct 22, 2003FloorFloor · Message on Senate action sent to the House.
  5. Oct 21, 2003Resolving differencesResolving differences · Senate agreed to conference report by Yea-Nay Vote. 64 - 34. Record Vote Number: 402.Senate roll call 402
  6. Resolving differencesResolving differences · Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 64 - 34. Record Vote Number: 402.Senate roll call 402
  7. Resolving differencesResolving differences · Conference report considered in Senate.
  8. Oct 2, 2003Resolving differencesResolving differences · Conference papers: message on House action held at the desk in Senate.
  9. Resolving differencesResolving differences · On agreeing to the conference report Agreed to by the Yeas and Nays: 281 - 142 (Roll no. 530).House roll call 530
  10. Resolving differencesResolving differences · Motions to reconsider laid on the table Agreed to without objection.
  11. Resolving differencesResolving differences · Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 281 - 142 (Roll no. 530).House roll call 530
  12. Resolving differencesResolving differences · The previous question was ordered without objection.
  13. Resolving differencesResolving differences · Mr. Sensenbrenner brought up conference report H. Rept. 108-288 for consideration under the provisions of H. Res. 383.
  14. FloorFloor · DEBATE - The House proceeded with one hour of debate on the conference report to accompany S. 3.
  15. FloorFloor · Rule H. Res. 383 passed House.
  16. Oct 1, 2003FloorFloor · 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 u…
  17. Sep 30, 2003Resolving differencesResolving differences · Conferees agreed to file conference report.
  18. Resolving differencesResolving differences · Conference committee actions: Conferees agreed to file conference report.
  19. Resolving differencesResolving differences · Conference papers: Senate report and manager's statement held at the desk in Senate.
  20. Resolving differencesResolving differences · Conference report H. Rept. 108-288 filed.
  21. Resolving differencesResolving differences · Conference report filed: Conference report H. Rept. 108-288 filed.
  22. Sep 25, 2003Resolving differencesResolving differences · The Speaker appointed conferees: Chabot and Lofgren.
  23. Sep 23, 2003FloorFloor · Message on Senate action sent to the House.
  24. Sep 22, 2003FloorFloor · Senate appointed conferees Hatch, DeWine, Santorum, Feinstein, Boxer.
  25. Sep 17, 2003FloorFloor · Under authority of the order of July 30, 2003, Senate disagreed to House amendment to the Senate bill and agreed to request for conference.
  26. FloorFloor · Motion to disagree to House amendment to Senate bill agreed to by Yea-Nay Vote. 93 - 0. Record Vote Number: 351.Senate roll call 351
  27. Jun 5, 2003FloorFloor · Message on House action received in Senate and at desk: House amendment to Senate bill and House requests a conference.
  28. Jun 4, 2003Resolving differencesResolving differences · 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.
  29. Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
  30. Resolving differencesResolving differences · On motion that the House instruct conferees Agreed to by voice vote.
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

4 amendments offered to the bill, with the last recorded step of each.

Where each amendment ended up

  • S.Amdt. 261SenateSen. Dianne FeinsteinD-CA· offered Mar 12, 2003Rejected

    In the nature of a substitute.

    Mar 12, 2003: Amendment SA 261 not agreed to in Senate by Yea-Nay Vote. 35 - 60. Record Vote Number: 49.

    Rejected

  • S.Amdt. 260SenateSen. Tom HarkinD-IA· offered Mar 12, 2003Agreed to

    To express the sense of the Senate concerning the decision of the Supreme Court in Roe v. Wade.

    Mar 12, 2003: Amendment SA 260 agreed to in Senate by Yea-Nay Vote. 52 - 46. Record Vote Number: 48.

    Agreed to

  • S.Amdt. 259SenateSen. Richard DurbinD-IL· offered Mar 11, 2003Rejected

    In the nature of a substitute.

    Mar 12, 2003: Motion to table amendment SA 259 agreed to in Senate by Yea-Nay Vote. 60 - 38. Record Vote Number: 46.

    Rejected

  • S.Amdt. 258SenateSen. Patty MurrayD-WA· offered Mar 11, 2003Ruled out of order

    To improve the availability of contraceptives for women.

    Mar 11, 2003: Amendment SA 258 ruled out of order by the chair.

    Ruled out of order
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.