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ACROSS SESSIONS
- Subject Index: Since 1995
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1994 SESSION
SB 519 Parental consent to abortion.
Introduced by: Mark L. Earley | all patrons ... notes | add to my profiles
SUMMARY:
Parental consent to abortion. Adds petitions for a minor's abortion to the jurisdiction of the juvenile (or family) courts. The bill requires a physician or his agent to give 24 hours' notice (in person or by telephone) of intent to perform an abortion on an unmarried, unemancipated minor to a parent or custodian of the minor. If the physician is unable to give 24 hours' notice in person or by telephone, he may perform the abortion with the consent of the minor 72 hours after mailing a notice to the parent or custodian, return receipt requested. The notice provisions do not apply if (i) a parent or custodian is present or has consented in writing, (ii) the minor claims to be abused or neglected and the doctor reports the abuse or neglect, (iii) the physician certifies that an expeditious procedure is necessary to prevent the minor's death or substantial impairment of a major bodily function, or (iv) judicial authorization for the procedure has been obtained. A physician who performs an abortion without complying with the notice or judicial authorization procedures is guilty of a Class 3 misdemeanor. The bill prescribes procedures for an expedited (within four days) confidential hearing before the juvenile (or family) court. The court may appoint a guardian ad litem and, if requested by the minor, shall appoint an attorney for her. The judge may authorize the procedure if she is found to be (i) not mature but the procedure is in her best interest or (ii) mature and capable of giving her informed consent. The decision to allow the abortion is not appealable. If judicial consent is denied, an expedited (within five days) confidential appeal is to be made available. The bill is based in part upon the Minnesota statute considered and upheld by the U.S. Supreme Court in Hodgson v. Minnesota and is the same as the bill which passed in 1992, but was vetoed by the Governor.
FULL TEXT
HISTORY
- 01/25/94 Senate: Presented and ordered printed
- 01/25/94 Senate: Referred to Committee on Education and Health
- 02/18/94 Senate: Defeated by Education and Health (7-Y 8-N)