HCS HB 1 -- ABORTION REGULATIONS

SPONSOR:  Phillips (Cunningham, 86)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children
and Families by a vote of 8 to 2.

This substitute specifies that the term "next friend" as it
relates to consent to abortion for minors 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 physician who performs an abortion and does not have clinical
privileges to provide obstetrical or gynecological care at a
hospital within 30 miles of the location where the abortion is
performed is guilty of a class A misdemeanor.  Currently, it is a
class B felony.

The substitute also 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 cannot be awarded to
any person who engages or consents to another person engaging in
a sexual act with a minor who obtains an abortion.

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.  The
substitute also prohibits an unemancipated minor from having the
capacity to consent to any action in violation of the substitute
or Section 188.028, RSMo.

A court can 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, the substitute 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.

The substitute contains an emergency clause.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say the bill will prohibit someone from
providing assistance to a minor, without her parents' consent, in
obtaining an abortion in Illinois.  By some estimates, 400 or
more Missouri teens annually obtain abortions in Illinois.  The
Hope 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 were Representative Cunningham (86);
Kathy Sparks; Mike Sparks; Melanie Mills; Shawn E. Regan;
Alliance for Life-Missouri; Missouri Catholic Conference;
Missouri Family Network; Missouri Baptist Convention, Christian
Life Commission; and Campaign Life Missouri.

OPPONENTS:  Those who oppose the bill say that if it becomes law
it will hinder the ability for mentors, preachers, and teachers
to provide guidance and counseling to young girls.   If enacted,
many young girls would injure themselves in attempting a
self-induced abortion.  The bill will open the door to lawsuits
by allowing parents and the minor to sue grandparents, clergy
members, mentors, and health care providers.  Instead of wasting
taxpayers' money on lawsuits, Missouri would be better served by
helping more women prevent unintended pregnancies.  The bill will
eliminate Missouri citizens of the right to freedom of religion
and create a civil cause of action against Missouri residents for
engaging in conduct that is lawful and appropriate outside of
Missouri borders.

Testifying against the bill were Missouri Religious Coalition for
Reproductive Choice; Lise Saffran; NARAL-Pro Choice Missouri;
Missouri Women's Network; Missouri National Organization for
Women; St. Louis Rabbinical Association; Association of Reform
Rabbis; American Civil Liberties Union of Eastern Missouri;
Planned Parenthood of Southwest Missouri; and Reverend Janice
Edwards Barnes.

OTHERS:  Others testifying on the bill say Missouri should take a
proactive stance and eliminate abortions.  Most teenagers who
obtain an abortion at the Hope Clinic, do so because of the
stress of family issues at home.

Others testifying on the bill were Hope Clinic for Women; Ruth
Arrick; and Angela Michael.

Dominic Lackey, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Special Session
Last Updated September 19, 2005 at 2:44 pm