HCS/SS/SCS/SB 2 -Under this act, definitions for "department" and "medical emergency" were added in the chapter regulating abortions. This act also 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. A new defense of medical emergency was added for a person performing an action or not performing an action according to current law. This act also provides that no person shall intentionally cause, aid or assist a minor to obtain an abortion without the required informed consent or judicial decree. 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 the required 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. An unemancipated minor does not have the capacity to consent to any action of this act or to Section 188.028, RSMo.
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.
ADRIANE CROUSE