Summary of the House Committee Version of the Bill


SPONSOR:  Loudon (Cunningham, 86)

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

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

A court can 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.

The bill contains an emergency clause.

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

PROPONENTS:  Supporters say the legislation is necessary due to
parental rights being trumped by the laws of a nearby state.  The
bill will prohibit someone from providing assistance to a minor,
without her parents' consent or judicial decree, in obtaining an
abortion.  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.  By
some estimates, 400 or more Missouri teens annually obtain
abortions in Illinois.

Testifying for the bill were Senator Loudon; Campaign Life
Missouri; Missouri Catholic Conference; and Missouri Right to

OPPONENTS:  Those who oppose the bill say it is
unconstitutionally vague in many aspects.

Testifying against the bill were Planned Parenthood of Kansas and
Mid-Missouri; and Planned Parenthood Affiliates of Missouri.

Dominic Lackey, Legislative Analyst

Copyright (c) Missouri House of Representatives

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