HB 1 -- Abortion Regulations

Sponsor:  Cunningham (86)

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.

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