HB 627 - Requiring Parental Notification for Abortions - Montana Key Vote

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Title: Requiring Parental Notification for Abortions

Vote Smart's Synopsis:

Vote to pass a bill that requires parental notification prior to an abortion for a minor, beginning January 1, 2013.

Highlights:

  • Prohibits a physician from performing an abortion upon a minor unless the physician has given at least 48 hours notice of his or her intent to perform the abortion to at least one parent or legal guardian of the pregnant minor, unless (Secs. 4, 6, 8):
    • The attending physician certifies in the patient's medical record that a medical emergency exists that threatens the woman's life or a major bodily function, and that there is not sufficient time to provide notice;
    • Notice is waived, in writing, by the parent or legal guardian; or
    • A court issues an order authorizing the minor to consent to an abortion without the notification of a parent or legal guardian.
  • Prohibits a parent, guardian, or any other person from coercing a minor into having an abortion (Sec. 7). 
  • Establishes the following criminal and civil penalties (Sec. 9):
    •  A person convicted of performing an abortion in violation of the law shall be fined up to $500, be imprisoned in the county jail for no more than 6 months, or both; 
    • Failure by a physician to provide notice is evidence in a civil action of a violation of a professional obligation and is presumed to be actual malice; 
    • A person who coerces a minor to have an abortion is guilty of a misdemeanor, and is subject to a fine of up to $1,000, imprisonment in the county jail for no more than 1 year, or both; and 
    • A person not authorized to receive notice who signs a notice of waiver is guilty of a misdemeanor.
  • Defines "minor" as an unemancipated female under 16 years of age (Sec. 3).

See How Your Politicians Voted

Title: Requiring Parental Notification for Abortions

Vote Smart's Synopsis:

Vote to pass a bill that requires parental notification prior to an abortion for a minor, beginning January 1, 2013.

Highlights:

  • Prohibits a physician from performing an abortion upon a minor unless the physician has given at least 48 hours notice of his or her intent to perform the abortion to at least one parent or legal guardian of the pregnant minor, unless (Secs. 4, 6, 8):
    • The attending physician certifies in the patient's medical record that a medical emergency exists that threatens the woman's life or a major bodily function, and that there is not sufficient time to provide notice;
    • Notice is waived, in writing, by the parent or legal guardian; or
    • A court issues an order authorizing the minor to consent to an abortion without the notification of a parent or legal guardian.
  • Prohibits a parent, guardian, or any other person from coercing a minor into having an abortion (Sec. 7). 
  • Establishes the following criminal and civil penalties (Sec. 9):
    •  A person convicted of performing an abortion in violation of the law shall be fined up to $500, be imprisoned in the county jail for no more than 6 months, or both; 
    • Failure by a physician to provide notice is evidence in a civil action of a violation of a professional obligation and is presumed to be actual malice; 
    • A person who coerces a minor to have an abortion is guilty of a misdemeanor, and is subject to a fine of up to $1,000, imprisonment in the county jail for no more than 1 year, or both; and 
    • A person not authorized to receive notice who signs a notice of waiver is guilty of a misdemeanor.
  • Defines "minor" as an unemancipated female under 16 years of age (Sec. 3).

Title: Requiring Parental Notification for Abortions

Vote Smart's Synopsis:

Vote to pass a bill that requires parental notification prior to an abortion for a minor, beginning January 1, 2013.

NOTE: THIS BILL IS A REFERENDUM, AND REQUIRES APPROVAL BY THE VOTERS IN THE NEXT ELECTION.

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