HCS HB 1327 & 2000 -- ABORTIONS (Pratt)

COMMITTEE OF ORIGIN:  Special Committee on Children and Families

This substitute 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 including a description of
the proposed abortion method, the 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 describe
the anatomical and physiological characteristics of the unborn
child's brain and heart functions, extremities and internal
organs; various methods of abortion and the risks associated with
each method; the 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, 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 at least 24 hours prior to the abortion
with a geographically indexed list maintained by the department
of health care providers, facilities, and clinics where she would
have an opportunity to view an ultrasound and hear the heartbeat
of the unborn child.  The list is to indicate those that provide
the services free of charge;

(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 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 older 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, 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)  Discharging, attempting to discharge, or threatening to
discharge or 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 a class
B or class C misdemeanor or an infraction.

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, except in the case of a medical emergency.  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 present or
former family or household member, the abortion provider must
give the woman information about orders of protection.

If an individual younger than 18 years of age who has not
obtained a court-ordered consent to an abortion seeks to obtain
an abortion, the facility or physician who would perform or
induce the abortion must notify the prosecuting attorney for the
county in which the abortion procedure is to be performed within
one business day before the abortion.  If an abortion is
performed or induced, a tissue sample must be retained by the
facility for DNA identification purposes.

FISCAL NOTE:  Estimated Cost on General Revenue Fund Could exceed
$751,324 in FY 2011, Could exceed $893,496 in FY 2012, and Could
exceed $917,301 in FY 2013.  No impact on Other State Funds in
FY 2011, FY 2012, and FY 2013.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:10 pm