SECOND REGULAR SESSION
SENATE BILL NO. 738
92ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR LOUDON.
Pre-filed December 1, 2003, and ordered printed.
TERRY L. SPIELER, Secretary.
3138S.02I
AN ACT
To amend chapter 188, RSMo, by adding thereto one new section relating to informed consent to an abortion.
Section A. Chapter 188, RSMo, is amended by adding thereto one new section, to be known as section 188.250, to read as follows:
188.250. 1. No person shall intentionally cause, aid, or assist a minor to obtain an abortion without the consent or consents required by section 188.028.
2. Any person who violates subsection 1 of this section shall be civilly liable to the minor and to the person or persons required to give the consent or consents pursuant to section 188.028. A court may award damages, including attorney's fees and court costs, to any person adversely affected by a violation of this section, and may include an award for punitive damages.
3. It shall not be a defense to a claim brought pursuant to this section that the abortion was performed or induced pursuant to consent to the abortion given in a lawful manner in the state or place where the abortion was performed or induced.
4. An unemancipated minor does not have capacity to consent to any action in violation of this section or section 188.028.
5. A court may enjoin conduct that would be in violation of this section upon petition by the attorney general, a prosecuting or circuit attorney, or any person adversely affected or who reasonably may be adversely affected by such conduct, upon a showing that such conduct:
(1) Is reasonably anticipated to occur in the future; or
(2) Has occurred in the past and that it is not unreasonable to expect that under similar circumstances such conduct will be repeated.