Defending traditional families

Pro-Life Legislation: HCS HB 46 & 434

Contact and ask your House member to vote in favor of HCS HB 46 &434


Major Pro-Life Legislation Soon To Be Debated As soon as Wednesday (2-25-09) the Missouri House could be facing a “perfection” debate on HCS HB 46 & 434.

HCS HB 46 & 434 Enhances Missouri’s informed consent requirements for performing an abortion and

creates guidelines for determining if someone is guilty of the crime of coercing a woman to obtain an abortion.

Under this proposal any abortion provider must verify that the abortion is voluntary, without coercion, and fully

informed prior to the 24 hour reflection period required by law.  All information shall be provided the woman in

private, with a private phone made available in case she is a victim of coercion, and she must verify each specified

requirement has been met on a checklist form.  No payment for an abortion procedure may be required or

accepted until at least 24 hours after all informed consent information has been provided in person!

Specified information must be provided directly and in person to the woman both orally and in writing, by the

physician performing the abortion.   This information must include:

– the physician’s name,

– details of the abortion procedure to be used,

– immediate and long-term risks to the woman both physically and psychologically,

– gestational age of the unborn child,

– alternatives to choosing the abortion,

– contact information for follow-up care from the same physician,

– location and contact information for the hospital the physician is associated with, and

– anatomical and physiological details of the unborn child at the time of the abortion.

Information presented to the woman about the child’s development must be provided by the Department of

Health and based on at least two week gestational increments from conception with color photos or images,

including heart and brain functions, limbs and internal organs.  Such materials shall also contain the prominently

displayed statement, “The State of Missouri wants you to know that the life of your unborn child began

at conception, and that your unborn child has protectable interests in his or her life, health, and

well-being.

Every woman seeking an abortion must be presented detailed information related to the Missouri Alternatives

to Abortion program, the many and varied agencies and services available, and their locations and contact

information.  Abortion facilities must prominently display the statement, “There are public and private agencies

willing and able to help you carry your child to term, and to assist you and your child after your child is

born, whether you choose to keep your child or place him or her for adoption. The state of Missouri

encourages you to contact those agencies before making a final decision about abortion. State law

requires that your physician or a qualified professional give you the opportunity to call agencies like

these before you undergo an abortion.

Every woman seeking an abortion must be provided ample opportunity to see and hear an active ultrasound of

her unborn child, prior to her abortion.  She is to be given a list of the various providers in the area that will perform

ultrasounds and showing which ones do so for free.

For any abortion of an unborn child 22 weeks gestational age or more, detailed fetal pain and anesthetic information

is to be provided in person and in writing to the woman.  She is to be informed when during the proposed abortion

procedure the child may feel pain and how anesthetic is used during other fetal surgeries.  Such anesthesia must be

made available for the woman to choose for the unborn child undergoing the abortion procedure.

Detailed information shall be presented the woman explaining the legal obligations of the father, including the fact

that offering to pay for an abortion does not satisfy his obligations or responsibilities to support the child.  Methods

for establishing paternity would be explained as well as the fact that it would be a punishable crime for the father to

coerce the woman into an abortion.

The physician performing the abortion shall inform the woman that it is unlawful for anyone to coerce her into

the abortion.  No abortion may be performed if the physician has reason to believe the woman is being coerced.

Any abortion facility shall prominently display the statement, “No one can coerce you to have an abortion. It

is against the law for a husband, a boyfriend, a parent, a friend, a medical care provider, or any other

person to coerce you in any way to have an abortion.“  The woman may stop at any time leading up to the

procedure without affecting her right to treatments or benefits.

A person commits a crime of coercing an abortion if they knowingly coerce a woman to seek an abortion by:

– committing any crime against the person otherwise unlawful,

– committing any assault or domestic assault, or stalking defined in law,

– using any poison intended to cause a woman to abort her child,

– leveraging any employment against her to get an abortion,

– withholding of threatening to revoke any scholarship for higher education,

The penalty for committing the crime of coercing an abortion is one classification higher than the penalty of the

statutory crime committed as part of the coercion.  Any other coercion committed  under this new law that is not

predicated by violation of any other law would be a class a misdemeanor.

Knowingly performing an abortion with knowledge that the woman is the victim of coercion is a class C felony.  In

addition to any other criminal proceedings, when any minor, vulnerable person, or adult with disabilities is believed to

be a victim of coercion a report shall be made to the appropriate department charged with investigating such abuses.

To view the entire bill or track the progress of this and other legislation, visit www.house.mo.gov