HCS HB 46 & 434 -- Abortions

SPONSOR:  Davis (Pratt)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Children and Families by a vote of 7 to 5.

This substitute changes the laws regarding the consent
requirements for obtaining an abortion.  Abortions cannot be
performed or induced without the voluntary, informed, and
uncoerced consent of the woman at least 24 hours prior to the
abortion.  The physician performing or inducing the abortion must
provide orally and in writing:

(1)  The physician's name;

(2)  Medically accurate information that describes the proposed
abortion method, medical risks, alternatives to the abortion, and
follow-up care information;

(3)  The gestational age of the unborn child; and

(4)  The anatomical and physiological characteristics of the
unborn child.

The physician performing or inducing the abortion or a qualified
professional must:

(1)  Provide the pregnant woman with printed or video materials
from the Department of Health and Senior Services that describes
the anatomical and physiological characteristics of the unborn
child's brain and heart functions, extremities, various methods
of abortion, risks associated with each method, possibility of
causing pain to the unborn child, alternatives to abortion, and
that the father of an unborn child is liable to provide child
support, even if he has offered to pay for an abortion.  The
materials must be available from the department by November 30,
2009, and must be legible, objective, unbiased, and
scientifically accurate.  All information provided to the
pregnant woman must be given to her in a private room to ensure
privacy, confidentiality, and no fear of coercion.  If needed, an
interpreter will be provided.  All information must be provided
at least 24 hours before payment for an abortion can be accepted;

(2)  Provide the woman with an opportunity to view an ultrasound
and hear the heartbeat of the unborn child at a local health
facility that offers these services free of charge at least 24
hours prior to the abortion;

(3)  Explain that coercing a pregnant woman to get an abortion is
illegal and she is free to withhold or withdraw her consent to
the abortion anytime without fear of losing treatment and
assistance benefits; and

(4)  Prominently display statements encouraging a pregnant woman
seeking an abortion to contact agencies that help women carry an
unborn child to full term and that no one can coerce a person to
have an abortion.

The woman must certify in writing on a checklist form provided by
the department that she has received all of the required
materials; had an opportunity to view an active ultrasound image
of the unborn child and hear the heartbeat; and given her
voluntary and informed consent, freely and without coercion, to
the abortion procedure.  No abortion will be performed or induced
on an unborn child of 22 weeks gestational age or more unless the
mother is given the opportunity to have a pain alleviating drug
administered to the child.  The physician must retain a copy of
the form in the patient's medical record.

In the event of a medical emergency that results in an abortion,
the physician must certify in writing the nature and
circumstances of the emergency; and the certification must be
kept in the abortion-performing facility's permanent file for
seven years.

All abortion facilities must display a sign that notifies a
pregnant woman that it is illegal to coerce a woman to have an
abortion.

The department must maintain a toll-free, confidential, 24-hour
hotline telephone number for callers to obtain regional
information about abortions, risks, and alternatives to abortions
and make the information available on the department's web site.

An employer cannot institute an occupational qualification that
an employee or applicant seek or obtain an abortion.

Only licensed physicians can perform or induce an abortion.
Anyone violating this provision will be guilty of a class B
felony.

A person commits the crime of coercing an abortion if the person
knowingly coerces a woman to have an abortion by:

(1)  Committing, attempting to commit, or conspiring to commit an
unlawful act against her or her family;

(2)  Assaulting, stalking, or perpetrating an act of domestic
violence against her;

(3)  Forcibly or without her knowledge administering to or
causing a woman to ingest any poison, drug, or other substance
intended to cause an abortion or attempting or threatening to do
so;

(4)  Terminating, attempting to terminate, or threatening to
terminate her employment;

(5)  Changing, attempting to change, or threatening to change her
employment compensation terms, conditions, or privileges of
employment; or

(6)  Revoking, attempting to revoke, or threatening to revoke a
public or private college scholarship.

A person will be guilty of coercing an abortion if he or she
performs a prohibited act designed to cause a woman to seek an
abortion against her will or commits a prohibited act in
retaliation for a woman's refusal to have an abortion.  The
offender will be subject to:

(1)  A class A felony with a maximum prison term of 10 years, a
fine of up to $10,000, or both when the offense committed was a
class A felony;

(2)  A class A felony when the offense committed was a class B
felony;

(3)  A class B felony when the offense committed was a class C
felony;

(4)  A class C felony when the offense committed was a class D
felony;

(5)  A class D felony when the offense committed was a class A
misdemeanor; or

(6)  A class A misdemeanor when the offense committed was either
a class B or class C misdemeanor or an infraction.

It is not a defense to the crime of coercing an abortion that the
woman seeks or obtains an abortion or that the coercion involved
a woman who mistakenly believed she was pregnant.  Any person who
performs or induces an abortion and knows that the pregnant woman
has been coerced will be guilty of a class C felony.  If the
abortion provider has cause to believe that a woman has been a
victim of a coerced abortion and the victim is:

(1)  Younger than 18 years of age, a report of suspected abuse
must be made to the Department of Social Services;

(2)  A person in the care or custody of the Department of Mental
Health, a report of suspected abuse must be made to the
department;

(3)  A person 60 years of age or older who needs assistance to
perform activities to meet his or her essential human needs, a
report of suspected abuse must be made to the Department of
Health and Senior Services; or

(4)  An adult who has been abused or stalked by a family or
household member, the abortion provider must give the woman
information about orders of protection.

FISCAL NOTE:  Estimated Cost on General Revenue Fund could exceed
$891,264 in FY 2010, could exceed $1,047,063 in FY 2011, and
could exceed $1,072,476 in FY 2012.  No impact on Other State
Funds in FY 2010, FY 2011, and FY 2012.

PROPONENTS:  Supporters say that the bills do not take away a
woman's right to choose to have an abortion but that the choice
should be made without coercion.  The bills do not prevent a
woman's support network from having discussions with her about
the pros and cons of having an abortion.  The number of abortions
performed will be reduced in this state and a woman having an
abortion will be doing so on her own free will.  The bills
encourage a woman to seek out information and guidance before
choosing to have an abortion and require more information to be
provided so that a woman can be well informed about fetal
development, abortion procedures, and coercion.

Testifying for the bills were Representatives Davis and Pratt;
Terra Guittar; Marisol Pfaff; Connie Eller, Missouri Blacks for
Life; Amy Knudsen; Royale Lorraine Barnett; Cindy Evans; Missouri
Family Network; Americans United for Life; Missouri Baptist
Convention, Christian Life Commission; Campaign Life Missouri;
Missouri Right to Life; Missouri Family Policy Council; Missouri
Catholic Conference; and Zina Hackworth.

OPPONENTS:  Those who oppose the bills say that they have
negative consequences for a woman and will make it a crime for a
parent of a child who becomes pregnant as a result of incest to
encourage the child to terminate the pregnancy.  They do not
address situations for a woman in need who chooses not to have an
abortion but cannot care for the child.  The larger public policy
goal should be to protect the woman and provide preventive
services.  A woman who has been raped is considered to be a
victim of a crime that has an element of coercion, which means
that under the bills, the woman could not receive an abortion.
Requiring ultrasounds in statute is risky due to technology
advancements.  Establishing standard medical practice in statute
is not good public policy.  The bills are not constitutional
because of poor definitions and interferences with religious
rights.  Requiring signs to be posted is placing judgment on the
person's decision to have an abortion.  There is already an
informed consent law, a 24-hour waiting period, and a woman
already signs papers and verbally confirms that she is seeking an
abortion of her free will.  Additional counseling is provided to
a woman who is unsure about having an abortion.  It is important
that a woman's treating physician, not the abortion provider, is
included in the list of persons who can obtain informed consent.

Testifying against the bills were NARAL Pro-Choice Missouri;
Reverend Rebecca Turner, Faith Aloud; Planned Parenthood
Affiliates in Missouri; American Civil Liberties Union of Eastern
Missouri; Missouri Coalition Against Domestic and Sexual
Violence; and Marlene Hammerman.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:23 am