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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
SB 610 Parental consent to abortion.
Introduced by: Mark L. Earley | all patrons ... notes | add to my profiles
SUMMARY:
Parental notification for 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 or other family member twenty-one years of age or older of the minor under the age of seventeen. 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 or other family member twenty-one years of age or older, return receipt requested. The notice provisions do not apply if (i) one of the persons entitles to be notified 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. "Family member" is defined as a parent, step-parent, grandparent, brother or sister. 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
- 03/10/94 Senate: Presented and ordered printed pdf
- 03/12/94 Senate: Printed as engrossed LD1027812 (SB610E) pdf
- 03/25/94 Senate: Bill text as passed Senate and House (SB610ER) pdf
AMENDMENTS
HISTORY
- 03/10/94 Senate: Introduced at the request of Governor
- 03/10/94 Senate: Presented and ordered printed
- 03/10/94 Senate: Referred to Committee on Education and Health
- 03/12/94 Senate: Reported from Ed. & H. with amendments (14-Y 1-N)
- 03/12/94 Senate: Read first time
- 03/12/94 Senate: Passed by temporarily
- 03/12/94 Senate: Constitutional reading dispensed (38-Y 0-N)
- 03/12/94 Senate: VOTE: CONST. READING DISPENSED (38-Y 0-N)
- 03/12/94 Senate: Committee amendment agreed to #3
- 03/12/94 Senate: Committee amendments agreed to #1 & 4 (22-Y 18-N)
- 03/12/94 Senate: VOTE: COMM. AMEND 1,4 (22-Y 18-N)
- 03/12/94 Senate: Committee amendments agreed to #2 & 5 (22-Y 18-N)
- 03/12/94 Senate: VOTE: COMM. AMEND 2,5 (22-Y 18-N)
- 03/12/94 Senate: Engrossed by Senate as amended
- 03/12/94 Senate: Constitutional reading dispensed (40-Y 0-N)
- 03/12/94 Senate: VOTE: CONST. READING DISPENSED (40-Y 0-N)
- 03/12/94 Senate: Passed Senate (39-Y 1-N)
- 03/12/94 Senate: VOTE: PASSAGE (39-Y 1-N)
- 03/12/94 Senate: Communicated to House
- 03/12/94 House: Placed on Calendar
- 03/12/94 House: Referred to Committee for Courts of Justice
- 03/12/94 House: Motion to discharge committee tabled (52-Y 48-N)
- 03/12/94 House: VOTE: COMMITTEE LAY ON TABLE (52-Y 48-N)
- 03/12/94 Senate: Printed as engrossed LD1027812 (SB610E)
- 03/12/94 House: Reported from Courts of Justice (19-Y 3-N)
- 03/12/94 House: Read second time
- 03/12/94 House: Motion for pending question agreed to
- 03/12/94 House: Constitutional reading dispensed (96-Y 0-N)
- 03/12/94 House: VOTE: (96-Y 0-N)
- 03/12/94 House: Motion for pending question agreed to
- 03/12/94 House: Passed House (82-Y 16-N)
- 03/12/94 House: VOTE: PASSAGE (82-Y 16-N)
- 03/25/94 Senate: Bill text as passed Senate and House (SB610ER)
- 04/01/94 House: Enrolled
- 04/01/94 House: Signed by Speaker
- 04/02/94 Senate: Signed by President
- 04/12/94 Senate: Governor's recommendation received by Senate
- 04/20/94 Senate: Senate rejected Gov's recommendation #3,#5 (19-Y 21-N)
- 04/20/94 Senate: VOTE: ADOPT GOV. RECOMM. #3,#5 (19-Y 21-N)
- 04/20/94 Senate: Senate rejected Gov's recommendation #2 (2-Y 38-N)
- 04/20/94 Senate: VOTE: ADOPT GOV. RECOMM. #2 (2-Y 38-N)
- 04/20/94 Senate: Senate concurred in Gov's recommendation #1,#4 (20-Y 19-N)
- 04/20/94 Senate: VOTE: ADOPT GOV. RECOMM. #1, #4 (20-Y 19-N)
- 04/20/94 Senate: Rec. of Gov's recommendation agreed to #1,#4 (39-Y 0-N)
- 04/20/94 Senate: VOTE: RECONSIDER (39-Y 0-N)
- 04/20/94 Senate: Senate concurred in Gov's recommendation #1,#4 (21-Y 19-N)
- 04/20/94 Senate: VOTE: ADOPT GOV. RECOMM. #1, #4, (21-Y 19-N)
- 04/20/94 House: House concurred in Gov's recommendation #1,#4 (71-Y 28-N)
- 04/20/94 House: VOTE: AMDTS #1 & #4 ADOPTION (71-Y 28-N)
- 04/20/94 Governor: Governor's recommendation adopted in-part
- 04/26/94 Senate: Reenrolled
- 04/26/94 Senate: Signed by President as reenrolled
- 04/26/94 House: Signed by Speaker as reenrolled
- 04/27/94 Senate: Communicated to Governor
- 05/20/94 Governor: Vetoed by Governor