HB 100 -- ABORTION REGULATIONS

SPONSOR:  Cunningham (86)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children
and Families by a vote of 8 to 1.

This bill adds the definitions of "department" and "medical
emergency" to the laws regarding regulation of abortions.  It
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 penalty provision is revised pertaining to the performance of
actions contrary to current law and the nonperformance of
required actions under current law.  It establishes the defense
of performing or not performing an action because of a medical
emergency.  Currently, a physician who performs an abortion and
does not have surgical privileges at a hospital that offers
obstetrical or gynecological care is guilty of a class B felony.
The bill specifies that 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 B felony.

The bill also prohibits a person from intentionally causing,
aiding, or assisting a minor to obtain an abortion without
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
has committed rape or incest or has knowingly allowed rape or
incest to be committed against 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 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.

An establishment that performs or induces second- or
third-trimester abortions or five or more first-trimester
abortions per month is added to the definition of "ambulatory
surgical center" for the purpose of regulating these centers.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Less than
$100,000 in FY 2006, FY 2007, and FY 2008.  No impact on Other
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; and Campaign Life Missouri.

OPPONENTS:  Those who oppose the bill say that if the bill
becomes law, 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.

Testifying against the bill were Missouri Religious Coalition for
Reproductive Choice; Lise Saffran; Planned Parenthood St. Louis
Region; and NARAL-Pro Choice Missouri.

Dominic Lackey, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:18 pm