HB 100 -- ABORTION REGULATIONS (Cunningham, 86)

COMMITTEE OF ORIGIN:  Children and Families

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.  The defense of performing or
not performing an action because of a medical emergency is
established.  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 or induces an
abortion and does not have clinical privileges at a hospital that
provides obstetrical or gynecological care within 30 miles of the
location where the abortion is performed is guilty of a class A
misdemeanor.

The bill 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.  An
unemancipated minor is prohibited 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, 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:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

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