HB 1339 -- INFORMED CONSENT FOR ABORTIONS

SPONSOR:  Cunningham (86)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children
and Families by a vote of 9 to 4.

This bill changes the laws regarding abortions.  The bill:

(1)  Revises a penalty provision pertaining to the performance of
actions contrary to current law and the nonperformance of
required actions under current law.  A defense of performing or
not performing an action due to a medical emergency is
established; and

(2)  Creates the definition for "medical emergency."

The bill also prohibits a person from intentionally causing,
aiding, or assisting a minor to obtain an abortion without the
informed consent required by Section 188.028, RSMo.  Any person
who violates this provision will be civilly liable to persons
adversely affected by the action.  If civil liability is
established, a court may award damages, including attorney fees
and court costs to any person adversely affected.

The bill does not allow a defense to a claim which asserts that
the abortion was performed in accordance with the required
consent of the state or the place where the abortion was
performed.  The bill also contains a provision which prohibits an
unemancipated minor from having the capacity to consent to any
action in violation of the bill or Section 188.028.

A court may enjoin conduct in violation of the bill upon a
petition by the Attorney General, a prosecuting attorney, a
circuit attorney, or a person adversely affected or who may be
adversely affected.  In order for a court to enjoin any
violation, the bill requires that there must be a showing that
the conduct has occurred in the past and that it is not
unreasonable to expect that it will be repeated or that it is
reasonably anticipated to occur in the future.

FISCAL NOTE:  No impact on state funds in FY 2005, FY 2006, and
FY 2007.

PROPONENTS:  Supporters say that the bill will allow parents to
commence lawsuits on behalf of their minor child against an
abortion provider or another individual who helps the minor cross
state lines to obtain an abortion.

Testifying for the bill were Representative Cunningham (86);
Missouri Right to Life; Campaign Life Missouri; Missouri Family
Network; Missouri Catholic Conference; and Concerned Women of
America.

OPPONENTS:  Those who oppose the bill say that it should
specifically include an exception that incest doesn't require the
proceedings to obtain a judicial bypass of the parental consent
requirement to take place in an open court proceeding.

Testifying against the bill was Planned Parenthood of Missouri.

Amy Woods, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am