SECOND REGULAR SESSION

HOUSE BILL NO. 1826

90TH GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVES BARRY, MURRAY, TUDOR, AUER, HARTZLER (124),

BARTLE, RIDGEWAY, LUETKENHAUS, O'CONNOR, TREADWAY, BONNER, KENNEDY,

GAMBARO, REYNOLDS, KISSELL, BARTELSMEYER, GROSS, DOLAN, CIERPIOT, REID, ENZ,

GRIESHEIMER, LUETKEMEYER, SELBY, BOATRIGHT, CRAWFORD, FROELKER, BLACK,

BOUCHER, MILLER, GIBBONS, MYERS, GRATZ, TOWNLEY, BENNETT, WRIGHT, LEGAN,

HOLAND, LINTON, PRYOR, SCOTT, NAEGER, HENDRICKSON, PARKER, PATEK, KING, KLINDT,

HOWERTON, ROBIRDS, MARBLE, PHILLIPS, BARNETT, SUMMERS, AKIN, SCHWAB,

BERKOWITZ AND VOGEL (Co-sponsors).

Read 1st time January 27, 2000, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

4199L.01I


AN ACT

Relating to trafficking in aborted human fetal parts, with a penalty provision.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section 1. 1. As used in this section, the following terms shall mean:

(1) "Human fetal parts", any deceased child who has been delivered by means of an induced or spontaneous abortion, or any tissue or organ of such child;

(2) "Valuable consideration", any payment made or charge, expense or cost, debt or bill incurred; any gift, honorarium or item or recognition of value bestowed; any price, charge or fee that is waived, forgiven, reduced or indefinitely delayed; any loan or debt that is canceled or otherwise forgiven; the transfer of any item with a reasonable discernable cost or fair market value from one person to another or provision of any service or granting of any opportunity for which a charge is customarily made, without charge or for a reduced charge. Valuable consideration shall include payments associated with transportation, implantation, processing, preservation, quality control or storage of human fetal parts.

2. It shall be unlawful for any abortion facility or transferee of an abortion facility to transfer human fetal parts to any other individual or entity for a valuable consideration whether or not otherwise lawful, without disclosing to the department of health the following:

(1) The date of transfer;

(2) A description of the human fetal parts;

(3) The name and address of the transferor and transferee; and

(4) Any valuable consideration received by the transferor for making the transfer.



The name of the mother of the aborted child shall not be reported.

3. It shall be unlawful to ship human fetal parts by means of common carrier or delivery service without disclosing to the carrier or delivery service that the contents of the item shipped are human fetal parts.

4. The provisions of this section shall not apply to:

(1) The transfer without valuable consideration of a human fetal tissue sample to a licensed pathologist for testing at the request of the family of the child; provided that, any transfer from the pathologist of human fetal parts to another for valuable consideration shall be subject to this section; or

(2) The transfer of human fetal parts without valuable consideration for the purpose of immediate burial or cremation.

5. Any person who violates the provisions of this section is guilty of an infraction.



Missouri House of Representatives