SB 1 Modifies laws relating to abortion
Sponsor: Loudon Co-Sponsor(s)
LR Number: 2508S.01T Fiscal Note: 2508-01
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 9/15/2005 - Signed by Governor (w/EC) Journal Page:
Title: Calendar Position: 1
Effective Date: Emergency Clause
House Handler: Cunningham

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Current Bill Summary

SB 1 - This act modifies provisions relating to abortion.

SECTION 188.031 - This act provides, as to a minor's consent for an abortion, that the term "next friend" shall not include another minor child or any persons or entities who have a financial interest or potential gain from the proposed abortion.

SECTION 188.080 - This act modifies the penalty for physicians who perform abortions. Currently, anyone who is not a licensed physician is prohibited from performing abortions. This act prohibits anyone who is not a physician from performing, inducing or attempting to perform or induce an abortion and imposes a Class B felony. This act also provides that any physician who does not have clinical privileges to provide OB/GYN care at a hospital located within 30 miles of the location at which the abortion is performed or induced is guilty of a Class A misdemeanor.

SECTION 188.250 - This act also provides that no person shall intentionally cause, aid or assist a minor to obtain an abortion without the required informed consent. Any person who has sufficient contact with this state and violates this act shall be civilly liable to the minor and to the person required to give informed consent. A court may award damages, including attorney's fees, litigation costs and court costs, to any person adversely affected by a violation of this act. The court may include compensation for emotional injury even if there is no personal presence at the scene of any act or event. A court may also award punitive damages. However, any adult who has engaged in or consents to another person committing rape or incest against a minor which results in the minor obtaining an abortion shall not be awarded damages.

It is not a defense to a claim brought pursuant to this act that the abortion was performed in accordance with the required consent of the state or place where the abortion was performed.

A court may enjoin conduct in violation of this act upon a petition by the Attorney General, a prosecuting or circuit attorney, or a person adversely affected or who may be adversely affected. In order to enjoin such conduct, there must be a showing that such conduct is reasonably anticipated to occur in the future or has occurred in the past and it is not unreasonable to expect that such conduct will be repeated.

This act contains an emergency clause.

This act is similar to SCS/SB 2 (2005).