HCS SS SCS SB 2 -- ABORTION REGULATIONS

SPONSOR:  Loudon (Cunningham, 86)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children
and Families by a vote of 7 to 3.

This substitute adds the definitions of "department" and "medical
emergency" to the laws regarding the regulation of abortions.  It
specifies that the term "next friend" as it relates to consent to
an abortion for a minor does not include another minor child or
any person who has a financial interest or personal gain from a
minor's decision to have an abortion.

A penalty provision is revised pertaining to the performance of
actions contrary to current law and the nonperformance of
required actions under current law.  The defense of performing or
not performing an action because of a medical emergency is
established.

The substitute prohibits a person from intentionally causing,
aiding, or assisting a minor to obtain an abortion without the
consent from a parent or a judicial decree.  Any person who is
subject to the jurisdiction of the State of Missouri and 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 compensation for emotional
injury, attorney fees, and court costs to any person adversely
affected.  However, damages may not be awarded to any person who
engages in or consents to the minor engaging in the sex act which
results in the minor's pregnancy.

A person is not allowed to assert as a defense a claim that the
abortion was performed in accordance with the required consent of
the state or the place where the abortion was performed.  An
unemancipated minor is prohibited from having the capacity to
consent to any action in violation of the substitute or Section
188.028, RSMo.

A court may enjoin conduct in violation of the substitute 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, 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 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say the House committee substitute will
prohibit someone from providing assistance to a minor, without
her parents' consent, in obtaining an abortion in Illinois.  A
clinic in Granite City, Illinois, actively solicits underage
Missouri girls to travel across state lines to obtain an abortion
where parental consent is not required.

Testifying for the bill was Senator Loudon.

OPPONENTS:  Those who oppose the House committee substitute say
that they are concerned as to why most of the provisions in
Senate Bill 2 are being removed without consulting any of the
pro-life organizations.  There is no need to seek a compromise
when a majority of the members of the General Assembly are
pro-life.

Testifying against the bill were Missouri Right to Life; Campaign
Life Missouri; Missouri Catholic Conference; Alliance for
Life-Missouri; Planned Parenthood of the St. Louis Region; and
NARAL-Pro Choice Missouri.

OTHERS:  Others testifying on the House committee substitute say
that the Senate version will save the lives of many more babies.
With overwhelming support in the House of Representatives and
Senate, it is confusing as to the need of the House committee
substitute.

Others testifying on the bill were Missouri Family Network;
Missouri Baptist Convention; and Christian Life Convention.

Dominic Lackey, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm