HB 2000 -- Abortions

Sponsor:  Pratt

This bill changes the laws regarding the consent requirements for
obtaining an abortion and creates the crime of coercing 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;

(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, brain and heart functions, presence of 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 printed materials or informational video must
prominently display the following statement: "The life of each
human being begins at conception.  Abortion will terminate the
life of a separate, unique, living human being."  The materials
must be available from the department by November 30, 2010, 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 active
ultrasound and hear the heartbeat of the unborn child 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 at any time without affecting her right to future
care or treatment without the loss of any state or federal
benefits she is entitled; 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 older unless
the mother is given the opportunity to choose 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.

By November 30, 2010, 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.

No person other than a licensed physician is authorized to
perform or induce an abortion and anyone who violates 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 seek or obtain an abortion by:

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

(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.

Except in the case of a medical emergency, any person who
knowingly performs or induces an abortion with knowledge that the
pregnant woman has been coerced will be guilty of a class C
felony.  If the abortion provider has reasonable 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.

Any health care professional performing an abortion on an
individual younger than 17 years of age must notify the
prosecuting attorney for the county in which the abortion
procedure was performed and the county of residence of the
individual within two business days after the abortion.  The
notification must include the name and age of the individual and
the fact that an abortion was performed.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:12 pm