SB 279
Modifies several provisions relating to abortion
Sponsor:
LR Number:
1576S.06C
Committee:
Last Action:
5/17/2019 - Informal Calendar S Bills for Perfection--SBs 279, 139 & 345-Onder, with SCS, SS for SCS, SA 1 & SA 1 to SA 1 (pending)
Journal Page:
Title:
SCS SBs 279, 139 & 345
Calendar Position:
Effective Date:
August 28, 2019

Current Bill Summary

SS/SCS/SBs 279, 139, & 345 - This act modifies several provisions relating to abortion, including: (1) the "Right to Life of the Unborn Child Act"; (2) a prohibition of certain selective abortions; (3) the "Missouri Stands for the Unborn Act"; (4) parental notification in cases of a minor abortion; (5) materials provided to persons receiving referrals for out-of-state abortions; (6) the "Born-Alive Abortion Survivors Protection Act"; (7) abortion provider insurance; and (8) the "Late-Term Pain-Capable Unborn Child Protection Act".

THE "RIGHT TO LIFE OF THE UNBORN CHILD ACT" (Sections 188.010 and 188.017)

Under this act, the General Assembly declares its intention that the state and its political subdivisions shall be a "sanctuary of life" to protect pregnant women and their unborn children.

Additionally, this act establishes the "Right to Life of the Unborn Child Act". Under this act, an abortion performed or induced upon a woman, unless in cases of medical emergencies, shall be a Class B felony and shall subject the person performing or inducing the abortion to suspension or revocation of his or her professional license.

This provision has a contingent effective date.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/HB 126 (2019) and HB 1017 (2019) and substantially similar to SB 345 (2019).

PROHIBITION OF CERTAIN SELECTIVE ABORTIONS (Sections 188.015, 188.038, and 188.052)

This act prohibits any person from performing or inducing an abortion on a woman if the person knows that the woman is seeking the abortion solely because of a prenatal diagnosis, test, or screening indicating Down Syndrome or the potential of Down Syndrome in an unborn child. Additionally, this act prohibits any person from performing or inducing an abortion on a woman if the person knows that the woman is seeking the abortion solely because of the sex or race of the unborn child.

Under current law, all attending physicians must complete an abortion report for each abortion performed. This act requires the person performing or inducing the abortion to include in that report a certification that he or she does not have any knowledge that the woman sought the abortion solely because of a prenatal diagnosis, test, or screening indicating Down Syndrome or the potential of Down Syndrome in an unborn child, as well as a certification that he or she does not have any knowledge that the woman sought the abortion solely because of the sex or race of the unborn child.

Any physician or other person who violates the provisions of this act shall be subject to civil liability and revocation of his or her professional license.

These provisions are substantially similar provisions in the truly agreed to and finally passed SS/SCS/HB 126 (2019), HB 771 (2019), SB 724 (2018), HB 1867 (2018), and SB 96 (2017) and similar to SB 802 (2016).

THE "MISSOURI STANDS FOR THE UNBORN ACT" (Sections 188.026, 18.052, 188.056, 188.057, and 188.058)

No abortion shall be performed or induced upon a woman at eight weeks, fourteen weeks, or eighteen weeks gestational age or later, except in cases of medical emergency. A person who knowingly violates these provisions shall be guilty of a Class B felony, as well as subject to suspension or revocation of his or her professional license. A pregnant woman upon whom an abortion is performed or induced in violation of these provisions shall not be prosecuted for a conspiracy to violation these provisions.

The person performing or inducing the abortion shall include on the abortion report the specific medical condition necessitating the medical emergency and the medical rationale for concluding that an abortion was necessary to address such condition.

These provisions are similar to provisions in the truly agreed to and finally passed SS/SCS/HB 126 (2019), SB 139 (2019), SB 714 (2018), and SB 408 (2017).

PARENTAL NOTIFICATION IN CASES OF A MINOR ABORTION (Section 188.028)

Under current law, a person shall not knowingly perform an abortion on a minor under 18 until the attending physician has secured the written informed consent of the minor and one parent or guardian, unless a specified exception applies. This act adds the exception of a medical emergency and applies the law to persons knowingly inducing an abortion on a minor under 18.

Additionally, this act requires the consenting parent 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. Notice shall not be required for a parent or guardian: (1) who has been found guilty of specified crimes or is listed on the sexual offender registry; (2) against whom an order of protection has been issued; (3) whose custodial, parental, or guardianship rights have been terminated by a court; or (4) whose whereabouts are unknown, who is a fugitive, who is habitually intoxicated or drugged, or who has been declared mentally incompetent or incapacitated.

This provision is identical to SB 106 (2019), HB 127 (2019), and HB 1383 (2018) and substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HB 126 (2019), SB 375 (2017), HB 326 (2017), and HB 1370 (2016).

MATERIALS PROVIDED TO PERSONS RECEIVING REFERRALS FOR OUT-OF-STATE ABORTIONS (Section 188.033)

This act requires in-state abortion facilities or family planning agencies to provide specified printed materials when providing to a woman considering an abortion the name, address, telephone number, or website of an abortion provider who or which is located out of state. If the provision of the abortion provider's contact information is not made in person to the woman, the abortion facility or family planning agency shall offer the printed materials to the woman and if she chooses, send the materials to her through the U.S. mail at no cost to the woman.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/HB 126 (2019) and HB 282 (2019) and substantially similar to SB 240 (2019), SB 230 (2017), SB 883 (2016), and SCS/SB 302 (2015).

THE "BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT" (Section 188.035)

This act creates the "Born-Alive Abortion Survivors Protection Act". Under this act, a person who knowingly causes the death of a child who was born alive during or immediately after an attempted abortion shall be guilty of murder in the second degree. A person who recklessly causes the death of a child who was born alive during or immediately after an attempted abortion shall be guilty of involuntary manslaughter in the first degree. A person who, with criminal negligence, causes the death of a child who was born alive during or immediately after an attempted abortion shall be guilty of involuntary manslaughter. Finally, this act permits parents and siblings of a deceased or unborn child to bring a wrongful death action against a person who unlawfully performs or induces or attempts to perform or induce an abortion, with potential damages specified in the act.

This provision contains an emergency clause.

This provision is identical to SB 388 (2019).

ABORTION PROVIDER INSURANCE (Sections 188.043 and 188.044)

This act changes the medical malpractice insurance an abortion provider is required to have from $500,000 to $1,000,000 per occurrence and $3,000,000 in the annual aggregate. Additionally, this act requires a person to carry tail insurance of at least $1,000,000 per occurrence and $3,000,000 in the annual aggregate for personal injury to or death of a child who survives an abortion induced by a drug or chemical that carries a Food and Drug Administration warning that such chemical may cause birth defects, disability, or other injury in a child who survives the abortion.

These provisions are substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HB 126 (2019).

THE "LATE-TERM PAIN-CAPABLE UNBORN CHILD PROTECTION ACT" (Section 188.375)

This act establishes the "Late-Term Pain-Capable Unborn Child Protection Act," which prohibits any abortion, except in the case of a medical emergency, from being performed or induced on a woman carrying a late-term pain-capable unborn child, defined as an unborn child at twenty weeks gestational age or later.

If a physician performs or induces an abortion upon a woman carrying a late-term pain-capable unborn child in cases of a medical emergency, the physician shall utilize the available method or technique that provides the best opportunity for the unborn child to survive, or if such method is not available, the method or technique that offers less risk to the life and health of the mother. The physician shall document in writing the method or technique utilized and the reason it was selected. In such cases of medical emergency, there shall be another physician in attendance other than the physician performing or inducing the abortion who shall provide immediate care for a child born as a result of the abortion. Any physician who violates these provisions shall be guilty of a Class D felony and subject to suspension or revocation of his or her license.

These provisions are substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HB 126 (2019), SB 279 (2019), HCS/HBs 680 & 339 (2019), HB 850 (2019), and SCS/HB 1266 (2018).

SARAH HASKINS