HB 1192 Modifies the abortion parental consent provision and add protections for alternatives to abortion agencies

     Handler: Brown

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 1192 - This act modifies provisions relating to abortion.

PARENTAL CONSENT (SECTION 188.028)

Under current law, no person is permitted to knowingly perform an abortion on a minor unless the attending physician has secured the informed consent of the minor and one parent or guardian of the minor. This act requires the consenting parent or guardian of a minor to notify any other custodial parent or guardian in writing prior to the securing of the informed written consent of the minor and one parent or guardian.

The act delineates the instances in which it shall not be required to notify any other custodial parent or guardian, including when a parent has been convicted of sexual abuse or sexual offense against a minor, physical assault of a minor.

This act also specifies that such notice and consent requirements are not required in cases of a medical emergency.

ALTERNATIVES TO ABORTION AGENCIES (SECTION 188.125)

This act provides that the constitutions and laws of the United States and the state of Missouri shall be interpreted, construed, applied, and enforced to fully protect the rights of an alternatives-to-abortion agency and its officers, agents, employees and volunteers to freely assemble and to freely engage in religious practices and speech without governmental interference.

A political subdivision of this state is preempted from enacting, adopting, maintaining, or enforcing any order or other similar measure that prohibits, restricts, limits, controls, directs, interferes with, or otherwise adversely affects an alternatives-to-abortion agency or its officers, agents, employees, or volunteers' assembly, religious practices, or speech, including but not limited to counseling, referrals, or education of, advertising or information to, or other communications with, clients, patients, other persons, or the public.

Nothing in this act shall preclude or preempt a political subdivision of this state from exercising its lawful authority to regulate zoning or land use or to enforce a building or fire code regulation, provided that such political subdivision treats an alternatives-to-abortion agency in the same manner as a similarly situated agency and that such authority is not used to circumvent the intent of this section.

Alternatives-to-abortion agencies under this act include maternity homes and pregnancy resource centers as defined under current law or an agency or entity that has the primary purpose of providing services or counseling to pregnant women to assist such women in carrying their unborn children to term instead of having abortions, and to assist such women in caring for their dependent children or placing their children for adoption.

A court may order injunctive relief, recovery of damages, or both, as well as payment of reasonable attorney's fees, costs, and expenses or any other remedies permitted by law.

This provision is identical to SB 50 (2013), SB 745 (2012) and HB 1357 (2012).

ADRIANE CROUSE


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