LEGISLATURE: STATE SENATE PASSES ANTI-ABORTION BILL

Three Southeast Missouri state senators thought it was the right thing to do. So did 24 other senators.

After nearly 38 hours of debate over several days, the Senate passed an anti-abortion bill early Wednesday by a 27-6 vote.

The measure heads to the House where lawmakers overwhelmingly passed an anti-abortion bill earlier in the session.

State Sens. Peter Kinder of Cape Girardeau, Jerry Howard of Dexter and Danny Staples of Eminence voted for the measure.

Kinder is a Republican. Howard and Staples are Democrats.

Kinder viewed the vote as a victory for abortion foes. "It is a turning point nationwide in the pro-life battle," he said.

The bill would create a "crime of infanticide" punishable by prison time for killing a fetus while it is being born. It would make it second-degree murder for a doctor to perform certain types of abortions.

Gov. Mel Carnahan threatened to veto the bill because it doesn't allow the procedure when the health of the pregnant woman is at risk. Two years ago Carnahan vetoed Kinder's bill barring partial-birth abortions because it lacked a health exception.

The Senate fell one vote short of overriding Carnahan's veto. Both Howard and Staples sided with Carnahan on the veto issue.

Wednesday's vote came at 12:05 a.m. after senators had debated the issue all day Tuesday. Lawmakers began initial debate on the bill last week.

While Howard voted for the anti-abortion bill, he said he would have preferred that the measure had included a health exception.

Federal courts previously have struck down anti-abortion measures that have not provided an exception for the health of the woman.

Howard said Missouri already has a law against partial-birth abortions, but the latest measure is tougher than existing law. "A bill that takes real meaningful action has always received my support," he said. Howard said the latest legislation is carefully written with past legal rulings in mind.

The legislation sets the stage for a possible court battle that could go all the way to the U.S. Supreme Court and determine if a state has the police power to regulate abortions, Howard said.

"I believe this bill is on point as far as getting a decision on that subject," he said.

The lengthy debate caused tempers to flare at times and held up other Senate business. Kinder said the measure was worth the fight. "Preserving human life is always worth a battle," he said.

Kinder said the tough floor fight helped supporters craft a better measure in an effort to answer opponents' concerns. "We have got a bill that is closer to bullet proof," he said.

The Senate approved the bill by four votes more than would be needed on the Senate side to override a veto by the governor, Kinder said.

One of the senators who helped sustain the governor's veto two years ago lost a re-election battle. His departure improves the chances of overriding a veto, Kinder said.

The Senate vote came after lawmakers for only the third time in the last century defeated an amendment using a special rule that allows it to vote on a measure even after the bill's sponsor has left the Capitol.

Sen. J.B. "Jet" Banks had offered an amendment that would have allowed the abortion procedure in cases when the health of the pregnant woman is at risk. But when the amendment came up for debate, Banks couldn't be found.

Lawmakers and other state officials searched for Banks for about 90 minutes until eight senior senators signed a motion to bring the issue to a vote. Banks' Lincoln Continental was spotted later outside a Jefferson City hotel where he sometimes stays.

Lawmakers welcomed the chance for the Senate to move on to other business.

Staples said he could hear the sound of "bills that are dying in the corridor" as a result of the consuming debate over abortion.

Howard said, "I don't think there is any question people are tired about hearing about this issue."

But even if the anti-abortion bill becomes law, the issue will continue to confront lawmakers. "This is the first verse of the second, third or fourth song. It is not going away," he said.

The Associated Press contributed to this report.