as introduced - 91st Legislature (2019 - 2020) Posted on 03/04/2020 03:38pm
A bill for an act
relating to health care; modifying the parental notification for an abortion; amending
Minnesota Statutes 2018, section 144.343, subdivisions 3, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 144.343, subdivision 3, is amended to read:
(a) For purposes of this section, "parent" means
deleted text begin both parents of the pregnant woman if they are both living,deleted text end one parent of the pregnant
woman deleted text beginif only one is living or if the second one cannot be located through reasonably
diligent effort,deleted text end or the guardian or conservator if the pregnant woman has one.
(b) For purposes of this section, "abortion" means the use of any means to terminate the
pregnancy of a woman known to be pregnant with knowledge that the termination with
those means will, with reasonable likelihood, cause the death of the fetus and "fetus" means
any individual human organism from fertilization until birth.
Minnesota Statutes 2018, section 144.343, subdivision 6, is amended to read:
If subdivision 2 of this law is ever
temporarily or permanently restrained or enjoined by judicial order, subdivision 2 shall be
enforced as though the following paragraph were incorporated as paragraph (c) of that
subdivision; provided, however, that if such temporary or permanent restraining order or
injunction is ever stayed or dissolved, or otherwise ceases to have effect, subdivision 2 shall
have full force and effect, without being modified by the addition of the following substitute
paragraph which shall have no force or effect until or unless an injunction or restraining
order is again in effect.
(c)(1) If such a pregnant woman elects not to allow the notification of deleted text beginone or both of
her parentsdeleted text endnew text beginnew text end or guardian or conservator, any judge of a court of competent jurisdiction
shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to
perform the abortion if said judge determines that the pregnant woman is mature and capable
of giving informed consent to the proposed abortion. If said judge determines that the
pregnant woman is not mature, or if the pregnant woman does not claim to be mature, the
judge shall determine whether the performance of an abortion upon her without notification
of deleted text beginher parentsdeleted text endnew text beginnew text end, guardian, or conservator would be in her best interests and shall
authorize a physician to perform the abortion without such notification if said judge concludes
that the pregnant woman's best interests would be served thereby.
(2) Such a pregnant woman may participate in proceedings in the court on her own
behalf, and the court may appoint a guardian ad litem for her. The court shall, however,
advise her that she has a right to court appointed counsel, and shall, upon her request, provide
her with such counsel.
(3) Proceedings in the court under this section shall be confidential and shall be given
such precedence over other pending matters so that the court may reach a decision promptly
and without delay so as to serve the best interests of the pregnant woman. A judge of the
court who conducts proceedings under this section shall make in writing specific factual
findings and legal conclusions supporting the decision and shall order a record of the evidence
to be maintained including the judge's own findings and conclusions.
(4) An expedited confidential appeal shall be available to any such pregnant woman for
whom the court denies an order authorizing an abortion without notification. An order
authorizing an abortion without notification shall not be subject to appeal. No filing fees
shall be required of any such pregnant woman at either the trial or the appellate level. Access
to the trial court for the purposes of such a petition or motion, and access to the appellate
courts for purposes of making an appeal from denial of the same, shall be afforded such a
pregnant woman 24 hours a day, seven days a week.