HB 1339 -- Informed Consent for Abortions

Sponsor:  Cunningham (86)

This bill revises provisions relating to 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 by a violation.

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 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 or
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 the conduct will be repeated or that
the conduct is reasonably anticipated to occur in the future.

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