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Minnesota Legislature

Office of the Revisor of Statutes

HF 616

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/09/2009

Current Version - as introduced

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A bill for an act
relating to health; establishing a right to reproductive privacy; proposing coding
for new law as Minnesota Statutes, chapter 145D.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [145D.01] SHORT TITLE.
new text end

new text begin This chapter shall be known and may be cited as the "Reproductive Privacy Act."
new text end

Sec. 2.

new text begin [145D.03] FINDINGS.
new text end

new text begin The legislature finds that every individual possesses a fundamental right of privacy
with respect to personal reproductive decisions. The legislature further finds that:
new text end

new text begin (1) every individual has the fundamental right to choose or refuse birth control;
new text end

new text begin (2) every woman has the fundamental right to choose to bear a child or to choose and
obtain an abortion before fetal viability or to terminate the pregnancy after fetal viability
when necessary to protect the life or health of the woman; and
new text end

new text begin (3) the state shall not deny or interfere with a woman's fundamental right to choose
to bear a child or to choose to obtain an abortion.
new text end

Sec. 3.

new text begin [145D.05] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section shall apply to this
chapter.
new text end

new text begin Subd. 2. new text end

new text begin Abortion. new text end

new text begin "Abortion" means any medical treatment intended to induce the
termination of a pregnancy except for the purpose of producing a live birth.
new text end

new text begin Subd. 3. new text end

new text begin Pregnancy. new text end

new text begin "Pregnancy" means the human reproductive process,
beginning with the implantation of an embryo.
new text end

new text begin Subd. 4. new text end

new text begin State. new text end

new text begin "State" means the state of Minnesota, and every county, statutory or
home rule charter city, or town in this state.
new text end

new text begin Subd. 5. new text end

new text begin Viability. new text end

new text begin "Viability" means the point in a pregnancy when, in the
good-faith medical judgment of a physician, on the particular facts of the case before the
physician, there is a reasonable likelihood that the fetus will survive outside the uterus
without the application of extraordinary medical measures.
new text end

Sec. 4.

new text begin [145D.07] INTERFERENCE WITH REPRODUCTIVE PRIVACY
PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition of interference. new text end

new text begin The state may not:
new text end

new text begin (1) deny or interfere with a woman's right to choose:
new text end

new text begin (i) to bear a child;
new text end

new text begin (ii) to terminate a pregnancy before viability; or
new text end

new text begin (iii) to terminate a pregnancy after viability when termination is necessary to protect
the life or health of the woman; or
new text end

new text begin (2) discriminate against the exercise of rights set forth in clause (1) in the regulation
or provision of benefits, facilities, services, or information.
new text end

new text begin Subd. 2. new text end

new text begin Civil action. new text end

new text begin An individual aggrieved by a violation of this section
may obtain appropriate relief in a civil action. The state waives immunity from suit for
these claims.
new text end

Sec. 5.

new text begin [145D.09] SEVERABILITY.
new text end

new text begin If any provision of this act, or the application of the provision to any person or
circumstance, is held to be unconstitutional, the remainder of this act, or the application
of the provision to persons or circumstances other than those to which the provision is
held to be unconstitutional, shall not be affected thereby.
new text end

Sec. 6.

new text begin [145D.11] RULE OF CONSTRUCTION.
new text end

new text begin This chapter applies to every state and local statute, ordinance, regulation,
administrative order, decision, policy, practice, or other action enacted, adopted, or
implemented before, on, or after the effective date of this act.
new text end