REPORT TITLE:
Abortion; Parental Notice


DESCRIPTION:
Forbids an abortion to be performed for an unmarried pregnant
minor unless the minor's parent, guardian, or conservator has
been notified.  Provides an alternative to notice requirements
through the judicial process.  Also provides that the performance
of an abortion in violation of the Act shall be a misdemeanor and
grounds for civil action.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.913        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PARENTAL NOTIFICATION OF INTENT TO PERFORM ABORTION
   ON A MINOR.



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

 1      SECTION 1.  The purpose of this Act is to encourage
 
 2 unmarried pregnant minors to seek the advice and counsel of their
 
 3 parents when faced with the difficult decision of whether or not
 
 4 to bear a child, and to foster parental involvement in the making
 
 5 of that decision.
 
 6      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
 7 a new chapter to be appropriately designated and to read as
 
 8 follows:
 
 9                             "CHAPTER
 
10                             ABORTION
 
11      §   -1  Definitions.  As used in this chapter:
 
12      "Abortion" means the use of any means to terminate the
 
13 pregnancy of a woman known to be pregnant with knowledge that the
 
14 termination with those means will, with reasonable likelihood,
 
15 cause the death of the fetus.
 
16      "Fetus" means any individual human organism from
 
17 fertilization until birth.
 
18      "Parent" means one parent of the pregnant woman, or the
 
19 guardian or conservator if the pregnant woman has one.
 

 
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 1      §   -2  Notification concerning abortion.  No abortion shall
 
 2 be performed upon an unmarried, unemancipated minor or upon a
 
 3 woman for whom a guardian or conservator has been appointed
 
 4 pursuant to chapter 560 because of a finding of incompetency,
 
 5 until at least forty-eight hours after written notice of the
 
 6 pending operation has been delivered in the manner specified in
 
 7 this chapter.
 
 8      The notice shall be delivered personally to the parent at
 
 9 the usual place of abode of the parent by the physician or an
 
10 agent.  In lieu of personal delivery, notice shall be made by
 
11 certified mail addressed to the parent at the usual place of
 
12 abode of the parent with return receipt requested and restricted
 
13 delivery to the addressee so that postal employees can deliver
 
14 the mail only to the authorized addressee.  Time of delivery
 
15 shall be deemed to occur at noon on the next day on which regular
 
16 mail delivery takes place subsequent to mailing.
 
17      §   -3  Limitations.  No notice shall be required under this
 
18 section if:
 
19      (1)  The attending physician certifies in the pregnant
 
20           woman's medical record that the abortion is necessary
 
21           to prevent the woman's death and there is insufficient
 
22           time to provide the required notice;
 
23      (2)  The person or persons who are entitled to notice
 

 
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 1           certify in writing that they have been notified; or
 
 2      (3)  The pregnant minor woman declares that she is a victim
 
 3           of sexual abuse, neglect, harm, or child abuse as
 
 4           defined in sections 350-1 and 587-2, and chapter 707,
 
 5           parts V and VI, and the attending physician has
 
 6           notified the department of human services or the police
 
 7           department about the alleged sexual abuse, neglect, or
 
 8           child abuse.
 
 9      §   -4  Penalty.  Performance of an abortion in violation of
 
10 this chapter shall be a misdemeanor and shall be grounds for a
 
11 civil action by the person wrongfully denied notification.  The
 
12 person performing the abortion shall not be held liable under
 
13 this section if the person establishes by written evidence that
 
14 the person relied upon evidence sufficient to convince a careful
 
15 and prudent person that the representations of the pregnant woman
 
16 regarding information necessary to comply with this chapter are
 
17 bona fide and true, or if the person has attempted with
 
18 reasonable diligence to deliver notice, but has been unable to do
 
19 so.
 
20      §   -5  Substitute notification provisions.(a)  If
 
21 section    -2 is temporarily or permanently restrained or
 
22 enjoined by judicial order, subsection (b) of this section shall
 
23 become operative; provided, however, that if the temporary or
 

 
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 1 permanent restraining order or injunction is stayed or dissolved,
 
 2 or otherwise ceases to have effect, section    -2 shall be
 
 3 operative and this section shall be inoperative.
 
 4      (b)  If a pregnant woman elects not to allow the
 
 5 notification of her parent, guardian, or conservator, any judge
 
 6 of a court of competent jurisdiction, upon petition, or motion,
 
 7 and after an appropriate hearing, may authorize a physician to
 
 8 perform the abortion if the judge determines that the pregnant
 
 9 woman is mature and capable of giving informed consent to the
 
10 proposed abortion.  If the judge determines that the pregnant
 
11 woman is not mature, or if the pregnant woman does not claim to
 
12 be mature, the judge shall determine whether the performance of
 
13 an abortion upon her without notification to her parent,
 
14 guardian, or conservator would be in her best interests and shall
 
15 authorize a physician to perform the abortion without the
 
16 notification if the judge concludes that the pregnant woman's
 
17 best interests would be served thereby.
 
18      The pregnant woman may participate in proceedings in the
 
19 court on her own behalf, and the court may appoint a guardian ad
 
20 litem for her.  The court, however, shall advise her that she has
 
21 a right to court-appointed counsel, and upon her request, shall
 
22 provide her with counsel.
 
23      Proceedings in the court under this section shall be
 

 
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 1 confidential and shall be given precedence over other pending
 
 2 matters so that the court may reach a decision promptly and
 
 3 without delay so as to serve the best interests of the pregnant
 
 4 woman.  A judge of the court who conducts proceedings under this
 
 5 section shall make in writing specific factual findings and legal
 
 6 conclusions supporting the decision and shall order a record of
 
 7 the evidence to be maintained including the judge's own findings
 
 8 and conclusions.
 
 9      An expedited confidential appeal shall be available to any
 
10 pregnant woman for whom the court denies an order authorizing an
 
11 abortion without notification.  An order authorizing an abortion
 
12 without notification shall not be subject to appeal.  No filing
 
13 fees shall be required of any pregnant woman at either the trial
 
14 or the appellate level.  Access to the trial court for the
 
15 purposes of such a petition or motion, and access to the
 
16 appellate courts for purposes of making an appeal from denial of
 
17 the same, shall be afforded a pregnant woman twenty-four hours a
 
18 day, seven days a week."
 
19      SECTION 3.  If any provision, word, phrase, or clause of
 
20 this Act, or the application thereof to any person or
 
21 circumstance shall be held invalid, the invalidity shall not
 
22 affect the provisions, word, phrase, clause, or application of
 
23 this chapter which can be given effect without the invalid
 

 
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                                     H.B. NO.913        
                                                        
                                                        

 
 1 provision, word, phrase, clause, or application, and to this end
 
 2 the provisions, words, phrases, and clauses of this Act are
 
 3 declared to be severable.
 
 4      SECTION 4.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY:  _______________________