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H0340......................................................by STATE AFFAIRS
ABORTION - Amends, repeals and adds to existing law to revise penalties
relating to unlawful abortions; to provide that a petition may be filed in
the county where a minor resides or in the county where the abortion is
caused or performed; to provide for initiation of an investigation or
filing of an information, complaint or petition against a person other than
the petitioner, based upon certain allegations of which the court is made
aware during a petition hearing; to provide that if a minor would have been
privileged to withhold information or evidence that was required as proof
under Section 18-609A, Idaho Code, then her answers given, evidence
produced and information directly or indirectly derived from her answers
may not be used against her in a criminal case except that she may be
prosecuted or subjected to penalty or forfeiture for any perjury, false
swearing or contempt committed in answering, failing to answer or producing
or failing to produce evidence as required by the court; and to provide
defenses to prosecution.
02/28 House intro - 1st rdg - to printing
03/01 Rpt prt - to St Aff
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 66-2-2
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Schaefer, Shepherd, Smylie, Stevenson, Swan, Tilman, Trail,
Wheeler, Wood, Young, Mr. Speaker
NAYS -- Jaquet, Stone
Absent and excused -- Sellman, Smith
Floor Sponsor -- Kunz
Title apvd - to Senate
03/09 Senate intro - 1st rdg - to St Aff
03/19 Rpt out - rec d/p - to 2nd rdg
03/20 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 23-10-2
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Darrington, Davis, Frasure, Geddes, Goedde, Hawkins, Ipsen,
King-Barrutia, Lee, Lodge, Richardson, Risch, Sandy, Thorne, Wheeler,
Williams,
NAYS -- Deide, Dunklin, Ingram, Keough, Noh, Schroeder, Sims,
Stegner, Stennett, Whitworth
Absent and excused -- Danielson, Sorensen
Floor Sponsor -- King-Barrutia
Title apvd - to House
03/22 To enrol - rpt enrol - Sp signed
03/23 Pres signed
03/26 To Governor
03/31 Governor signed
Session Law Chapter 277
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 340
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ABORTIONS; AMENDING SECTION 18-605, IDAHO CODE, TO REVISE PENAL-
3 TIES RELATING TO UNLAWFUL ABORTIONS AND TO MAKE TECHNICAL CORRECTIONS;
4 AMENDING SECTION 18-609A, IDAHO CODE, TO PROVIDE THAT A PETITION MAY BE
5 FILED IN THE COUNTY WHERE THE MINOR RESIDES OR THE COUNTY WHERE THE ABOR-
6 TION IS CAUSED OR PERFORMED, TO PROVIDE FOR INITIATION OF AN INVESTIGATION
7 OR FILING OF AN INFORMATION, COMPLAINT OR PETITION AGAINST A PERSON OTHER
8 THAN THE PETITIONER BASED UPON CERTAIN ALLEGATIONS OF WHICH THE COURT IS
9 MADE AWARE DURING A PETITION HEARING AND TO PROVIDE THAT IF A MINOR WOULD
10 HAVE BEEN PRIVILEGED TO WITHHOLD INFORMATION OR EVIDENCE THAT WAS REQUIRED
11 AS PROOF UNDER SECTION 18-609A, IDAHO CODE, THEN HER ANSWERS GIVEN, EVI-
12 DENCE PRODUCED AND INFORMATION DIRECTLY OR INDIRECTLY DERIVED FROM HER
13 ANSWERS MAY NOT BE USED AGAINST HER IN A CRIMINAL CASE EXCEPT THAT SHE MAY
14 BE PROSECUTED OR SUBJECTED TO PENALTY OR FORFEITURE FOR ANY PERJURY, FALSE
15 SWEARING OR CONTEMPT COMMITTED IN ANSWERING, FAILING TO ANSWER OR PRODUC-
16 ING OR FAILING TO PRODUCE EVIDENCE AS REQUIRED BY THE COURT; REPEALING
17 SECTION 18-614, IDAHO CODE; AND AMENDING CHAPTER 6, TITLE 18, IDAHO CODE,
18 BY THE ADDITION OF A NEW SECTION 18-614, IDAHO CODE, TO PROVIDE FOR
19 DEFENSES TO PROSECUTION.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Section 18-605, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 18-605. UNLAWFUL ABORTIONS -- PROCUREMENT OF -- PENALTY. (1) Every person
24 not licensed or certified to provide health care in Idaho who, except as per-
25 mitted by this act chapter, provides, supplies or administers any medicine,
26 drug or substance to any woman or uses or employs any instrument or other
27 means whatever upon any then-pregnant woman with intent thereby to produce
28 cause or perform an abortion shall be guilty of a felony and shall be fined
29 not to exceed five thousand dollars ($5,000) and/or imprisoned in the state
30 prison for not less than two (2) and not more than five (5) years.
31 (2) Any person licensed or certified to provide health care pursuant to
32 title 54, Idaho Code, and who, except as permitted by the provisions of this
33 chapter, provides, supplies or administers any medicine, drug or substance to
34 any woman or uses or employs any instrument or other means whatever upon any
35 then-pregnant woman with intent to cause or perform an abortion shall:
36 (a) For the first violation, be subject to professional discipline and be
37 assessed a civil penalty of not less than one thousand dollars ($1,000),
38 payable to the board granting such person's license or certification;
39 (b) For the second violation, have their license or certification to
40 practice suspended for a period of not less than six (6) months and be
41 assessed a civil penalty of not less than two thousand five hundred dol-
42 lars ($2,500), payable to the board granting such person's license or cer-
43 tification; and
2
1 (c) For each subsequent violation, have their license or certification to
2 practice revoked and be assessed a civil penalty of not less than five
3 thousand dollars ($5,000), payable to the board granting such person's
4 license or certification.
5 (3) Any person who is licensed or certified to provide health care pursu-
6 ant to title 54, Idaho Code, and who knowingly violates the provisions of this
7 chapter is guilty of a felony punishable as set forth in subsection (1) of
8 this section, separate from and in addition to the administrative penalties
9 set forth in subsection (2) of this section.
10 SECTION 2. That Section 18-609A, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-609A. CONSENT REQUIRED FOR ABORTIONS FOR MINORS.
13 (1) (a) No person shall knowingly cause or perform an abortion upon a
14 minor unless:
15 (i) The attending physician has secured the written informed con-
16 sent of the minor and the written informed consent of the minor's
17 parent; or
18 (ii) The minor is emancipated and the attending physician has
19 received written proof of emancipation and the minor's written
20 informed consent; or
21 (iii) The minor has been granted the right of self-consent to the
22 abortion by court order pursuant to paragraph (b) of this subsection
23 and the attending physician has received the minor's written informed
24 consent; or
25 (iv) A court has found that the causing or performing of the abor-
26 tion, despite the absence of informed consent of a parent, is in the
27 best interests of the minor and the court has issued an order, pursu-
28 ant to paragraph (b)(iv)2. of this subsection, granting permission
29 for the causing or performing of the abortion, and the minor is hav-
30 ing the abortion willingly, pursuant to paragraph (f) of this subsec-
31 tion; or
32 (v) A medical emergency exists for the minor so urgent that there
33 is insufficient time for the physician to obtain the informed consent
34 of a parent or a court order and the attending physician certifies
35 such in the pregnant minor's medical records. In so certifying, the
36 attending physician must include the factual circumstances supporting
37 his professional judgment that a medical emergency existed and the
38 grounds for the determination that there was insufficient time to
39 obtain the informed consent of a parent or a court order. Immediately
40 after an abortion pursuant to this paragraph, the physician shall,
41 with due diligence, attempt to provide a parent of an unemancipated
42 minor actual notification of the medical emergency. If the parent
43 cannot be immediately contacted for such actual notification, the
44 physician shall, with due diligence, attempt to provide actual noti-
45 fication to a parent for an eight (8) hour period following the caus-
46 ing or performing of the abortion and shall, until a parent receives
47 such notification, ensure that the minor's postabortion medical needs
48 are met. Notwithstanding the above, a physician shall, within twenty-
49 four (24) hours of causing or performing an abortion pursuant to this
50 paragraph, provide actual notification of the medical emergency by:
51 1. Conferring with a parent or agent designated by the parent,
52 and providing any additional information needed for the minor's
53 proper care, and, as soon as practicable thereafter, securing
3
1 the parent's written acknowledgement of receipt of such notifi-
2 cation and information; or
3 2. Providing such actual notification in written form,
4 addressed to the parent at the usual place of abode of the par-
5 ent and delivered personally to the parent by the physician or
6 an agent with written acknowledgement of such receipt by the
7 parent returned to the physician; or
8 3. Providing such actual notification in written form and mail-
9 ing it by certified mail, addressed to the parent at the usual
10 place of abode of the parent with return receipt requested and
11 restricted delivery to the addressee so that a postal employee
12 can only deliver the notice to the authorized addressee.
13 For the purposes of this section, "actual notification"
14 includes, but is not limited to, a statement that an abortion was
15 caused or performed, a description of the factual circumstances sup-
16 porting the physician's judgment that the medical emergency existed
17 and a statement of the grounds for the determination that there was
18 insufficient time to obtain the informed consent of a parent or a
19 court order.
20 If the physician causing or performing such abortion reasonably
21 believes that the minor is homeless or abandoned so that the parents
22 cannot be readily found or that the minor has suffered abuse or
23 neglect such that the minor's physical safety would be jeopardized if
24 a parent were notified that the abortion was caused or performed, the
25 physician shall, in lieu of notifying a parent as required above,
26 make a report to a law enforcement agency pursuant to section
27 16-1619, Idaho Code, and a petition shall be filed pursuant to sec-
28 tion 16-1605, Idaho Code, which petition shall include a reference to
29 this code section. Upon adjudication that the minor comes within the
30 purview of chapter 16, title 16, Idaho Code, either on the basis of
31 homelessness or abandonment such that no parent can be found, or on
32 the basis of abuse or neglect such that the minor's physical safety
33 would be in jeopardy if a parent were notified that the abortion was
34 performed, the court shall, as a part of the decree, also order that
35 the physician's duty to so notify a parent is relieved. In any other
36 event, unless the court enters a finding that the best interests of
37 the child require withholding notice to a parent, the court shall
38 order that a parent receive actual notification of the medical emer-
39 gency and the causing or performing of the abortion.
40 (b) A proceeding for the right of a minor to self-consent to an abortion
41 pursuant to paragraph (a)(iii) of this subsection or for a court order
42 pursuant to paragraph (a)(iv) of this subsection, may be adjudicated by a
43 court as follows:
44 (i) The petition shall be filed in the judicial district county
45 where the minor resides or the county where the abortion is caused or
46 performed. A minor shall have the legal capacity to make and prose-
47 cute a petition and appeal as set out herein. A guardian ad litem may
48 assist the minor in preparing her petition and other documents filed
49 pursuant to this section and may seek appointment as set forth below.
50 A guardian ad litem, whether prospective or appointed, must be an
51 attorney properly licensed in this state. The court shall ensure that
52 the minor is given assistance in filing the petition if the minor so
53 desires a guardian ad litem but no qualified guardian ad litem is
54 available.
55 (ii) The petition shall set forth:
4
1 1. The initials of the minor;
2 2. The age of the minor;
3 3. The name and address of each parent, guardian, or, if the
4 minor's parents are deceased or the minor is abandoned and no
5 guardian has been appointed, the name and address of any other
6 person standing in loco parentis of the minor;
7 4. That the minor has been fully informed of the risks and con-
8 sequences of the abortion procedure to be performed;
9 5. A claim that the minor is mature, of sound mind and has suf-
10 ficient intellectual capacity to consent to the abortion for
11 herself;
12 6. A claim that, if the court does not grant the minor the
13 right to self-consent to the abortion, the court should find
14 that causing or performing the abortion, despite the absence of
15 the consent of a parent, is in the best interest of the minor
16 and give judicial consent to the abortion; and
17 7. If so desired by the minor, a request that the court appoint
18 a guardian ad litem, or, alternatively, if no guardian ad litem
19 is requested, that the court should consider whether appointment
20 of a guardian ad litem for the minor is appropriate.
21 The petition shall be signed by the minor and, if she has
22 received assistance from a prospective guardian ad litem in preparing
23 the petition, by the guardian ad litem.
24 (iii) A hearing on the merits of the petition shall be held as soon
25 as practicable but in no event later than five (5) days from the fil-
26 ing of the petition. The petition shall be heard by a district judge
27 on the record in a closed session of the court. The court shall
28 appoint a qualified guardian ad litem for the minor if one is
29 requested in the petition. If no qualified guardian ad litem is
30 available, the court may appoint some other person to act in the
31 capacity of a guardian ad litem, who shall act to fulfill the pur-
32 poses of this section and protect the confidentiality and other
33 rights of the minor.
34 At the hearing, the court shall, after establishing the identity
35 of the minor, hear evidence relating to the emotional development,
36 maturity, intellect and understanding of the minor; the nature of the
37 abortion procedure to be performed and the reasonably foreseeable
38 complications and risks to the minor from such procedure, including
39 those related to future childbearing; the available alternatives to
40 the abortion; the relationship between the minor and her parents; and
41 any other evidence that the court may find relevant in determining
42 whether the minor should be granted the right to self-consent to the
43 abortion or whether the court's consent to causing or performing of
44 the abortion, despite the absence of consent of a parent, is in the
45 best interests of the minor.
46 (iv) The order shall be entered as soon as practicable, but in no
47 event later than five (5) days after the conclusion of the hearing.
48 If, by clear and convincing evidence, the court finds the allegations
49 of the petition to be true and sufficient to establish good cause,
50 the court shall:
51 1. Find the minor sufficiently mature to decide whether to have
52 the abortion and grant the petition and give the minor the right
53 of self-consent to the abortion, setting forth the grounds for
54 so finding; or
55 2. Find the performance of the abortion, despite the absence of
5
1 the consent of a parent, is in the best interests of the minor
2 and give judicial consent to the abortion, setting forth the
3 grounds for so finding.
4 If the court does not find the allegations of the petition to be
5 true or if good cause does not appear from the evidence heard, the
6 court shall deny the petition, setting forth the grounds on which the
7 petition is denied.
8 If, in hearing the petition, the court becomes aware of allega-
9 tions which, if true, would constitute a violation of any section of
10 title 18, Idaho Code, by a person other than the petitioner, or would
11 bring a child within the purview of chapter 16, title 16, Idaho Code,
12 the court shall order, upon entry of final judgment in the proceeding
13 under this subsection, that an appropriate investigation be initiated
14 or an appropriate information, complaint or petition be filed. Such
15 allegations shall be forwarded by the court with due consideration
16 for the confidentiality of the proceedings under this section. If,
17 but for the requirements for proof as set forth in this section, the
18 minor would have been privileged to withhold information given or
19 evidence produced by her, the answers given or evidence produced and
20 any information directly or indirectly derived from her answers may
21 not be used against the minor in any manner in a criminal case,
22 except that she may nevertheless be prosecuted or subjected to pen-
23 alty or forfeiture for any perjury, false swearing or contempt com-
24 mitted in answering or failing to answer, or in producing or failing
25 to produce, evidence as required by the court.
26 (c) A notice of appeal from an order issued under the provisions of this
27 subsection shall be filed within two (2) days from the date of issuance of
28 the order. The record on appeal shall be completed and the appeal shall be
29 perfected as soon as practicable, but in no event later than five (5) days
30 from the filing of notice of appeal. Because time may be of the essence
31 regarding the performance of the abortion, appeals pursuant to this sub-
32 section shall receive expedited appellate review.
33 (d) Except for the time for filing a notice of appeal, a court may
34 enlarge the times set forth pursuant to this subsection upon request of
35 the minor or upon other good cause appearing, with due consideration for
36 the expedited nature of these proceedings.
37 (e) No filing, appeal or other fees shall be charged for cases or appeals
38 brought pursuant to this section.
39 (f) If a minor desires an abortion, then she shall be orally informed of,
40 and, if possible, sign the written consent required by this act, in the
41 same manner as an adult person. No abortion shall be caused or performed
42 on any minor against her will, except that an abortion may be performed
43 against the will of a minor pursuant to court order if the abortion is
44 necessary to preserve the life of the minor.
45 (g) All records contained in court files of judicial proceedings arising
46 under the provisions of this subsection, and subsection (3) of this sec-
47 tion, shall be confidential and exempt from disclosure pursuant to section
48 9-340G, Idaho Code. Dockets and other court records shall be maintained
49 and court proceedings undertaken so that the names of the parties to
50 actions brought pursuant to this section will not be disclosed to the pub-
51 lic.
52 (2) The administrative director of the courts shall compile statistics
53 for each county for each calendar year, accessible to the public, including:
54 (a) The total number of petitions filed pursuant to paragraph (b) of sub-
55 section (1) of this section; and
6
1 (b) The number of such petitions filed where a guardian ad litem was
2 requested and the number where a guardian ad litem or other person acting
3 in such capacity was appointed; and
4 (c) The number of such petitions for which the right to self-consent was
5 granted; and
6 (d) The number of such petitions for which the court granted its informed
7 consent; and
8 (e) The number of such petitions which were denied; and
9 (f) For categories described in paragraphs (c), (d) and (e) of this sub-
10 section, the number of appeals taken from the court's order in each cate-
11 gory; and
12 (g) For each of the categories set out in paragraph (f) of this subsec-
13 tion, the number of cases for which the district court's order was
14 affirmed and the number of cases for which the district court's order was
15 reversed.
16 (3) In addition to any other cause of action arising from statute or
17 otherwise, any person injured by the causing or performing of an abortion on a
18 minor in violation of any of the requirements of paragraph (a) of subsection
19 (1) of this section, shall have a private right of action to recover all dam-
20 ages sustained as a result of such violation, including reasonable attorney's
21 fees if judgment is rendered in favor of the plaintiff.
22 (4) Statistical records.
23 (a) The vital statistics unit of the department of health and welfare
24 shall, in addition to other information required pursuant to section
25 39-261, Idaho Code, require the complete and accurate reporting of infor-
26 mation relevant to each abortion performed upon a minor which shall
27 include, at a minimum, the following:
28 (i) Whether the abortion was performed following the physician's
29 receipt of:
30 1. The written informed consent of a parent and the minor; or
31 2. The written informed consent of an emancipated minor for
32 herself; or
33 3. The written informed consent of a minor for herself pursuant
34 to a court order granting the minor the right to self-consent;
35 or
36 4. The written informed consent of a court pursuant to an order
37 which includes a finding that the performance of the abortion,
38 despite the absence of the consent of a parent, is in the best
39 interests of the minor; or
40 5. The professional judgment of the attending physician that
41 the performance of the abortion was immediately necessary due to
42 a medical emergency and there was insufficient time to obtain
43 consent from a parent or a court order.
44 (ii) If the abortion was performed due to a medical emergency and
45 without consent from a parent or court order, the diagnosis upon
46 which the attending physician determined that the abortion was imme-
47 diately necessary due to a medical emergency.
48 (b) The knowing failure of the attending physician to perform any one (1)
49 or more of the acts required under this subsection is grounds for disci-
50 pline pursuant to section 54-1814(6), Idaho Code, and shall subject the
51 physician to assessment of a civil penalty of one hundred dollars ($100)
52 for each month or portion thereof that each such failure continues, pay-
53 able to the center for vital statistics and health policy, but such fail-
54 ure shall not constitute a criminal act.
55 (5) As used in this section:
7
1 (a) "Cause or perform an abortion" means to interrupt or terminate a
2 pregnancy by any surgical or nonsurgical procedure or to induce a miscar-
3 riage upon a minor known to be pregnant.
4 (b) "Emancipated" means any minor who has been married or is in active
5 military service.
6 (c) (i) "Medical emergency" means a sudden and unexpected physical con-
7 dition which, in the reasonable medical judgment of any ordinarily prudent
8 physician acting under the circumstances and conditions then existing, is
9 abnormal and so complicates the medical condition of the pregnant minor as
10 to necessitate the immediate causing or performing of an abortion:
11 1. To prevent her death; or
12 2. Because a delay in causing or performing an abortion will
13 create serious risk of immediate, substantial and irreversible
14 impairment of a major physical bodily function of the patient.
15 (ii) The term "medical emergency" does not include:
16 1. Any physical condition that would be expected to occur in
17 normal pregnancies of women of similar age, physical condition
18 and gestation; or
19 2. Any condition that is predominantly psychological or psychi-
20 atric in nature.
21 (d) "Minor" means a woman less than eighteen (18) years of age.
22 (e) "Parent" means one (1) parent of the unemancipated minor, or a guard-
23 ian appointed pursuant to chapter 5, title 15, Idaho Code, if the minor
24 has one.
25 SECTION 3. That Section 18-614, Idaho Code, be, and the same is hereby
26 repealed.
27 SECTION 4. That Chapter 6, Title 18, Idaho Code, be, and the same is
28 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
29 ignated as Section 18-614, Idaho Code, and to read as follows:
30 18-614. DEFENSES TO PROSECUTION. (1) No physician shall be subject to
31 criminal or administrative liability for causing or performing an abortion
32 upon a minor in violation of any provision of subsection (1) of section
33 18-609A, Idaho Code, if prior to causing or performing the abortion the physi-
34 cian obtains either positive identification or other documentary evidence from
35 which a reasonable person would have concluded that the woman seeking the
36 abortion was either an emancipated minor or was not then a minor and if the
37 physician retained, at the time of receiving the evidence, a legible photocopy
38 of such evidence in the physician's office file for the woman. This defense is
39 an affirmative defense that shall be raised by the defendant and is not an
40 element of any crime or administrative violation that must be proved by the
41 state.
42 (2) If, due to a medical emergency as defined in subsection (5) of sec-
43 tion 18-609A, Idaho Code, there was insufficient time for the physician to
44 confirm that the woman, due to her age, did not then come within the provi-
45 sions of subsection (1) of section 18-609A, Idaho Code, the physician shall
46 not be subject to criminal or administrative liability for performing the
47 abortion in violation of subsection (1)(a)(v) of section 18-609A, Idaho Code,
48 if, as soon as possible but in no event longer than twenty-four (24) hours
49 after performing the abortion, the physician obtained positive identification
50 or other documentary evidence from which a reasonable person would have con-
51 cluded that the woman seeking the abortion was either an emancipated minor or
52 was not then a minor and if the physician retained, at the time of receiving
8
1 the evidence, a legible photocopy of such evidence in the physician's office
2 file for the woman. This defense is an affirmative defense that shall be
3 raised by the defendant and is not an element of any crime or administrative
4 violation that must be proved by the state.
5 (3) If after performing an abortion under circumstances of a medical
6 emergency as defined in subsection (5) of section 18-609A, Idaho Code, the
7 physician, after reasonable inquiry, is unable to determine whether or not the
8 woman is a minor, the physician shall not be subject to criminal, civil or
9 administrative liability for taking any action that would have been required
10 by subsection (1)(a)(v) of section 18-609A, Idaho Code, if the woman had been
11 a minor at the time the abortion was caused or performed.
12 (4) For purposes of this section, "positive identification" means a law-
13 fully issued state, district, territorial, possession, provincial, national or
14 other equivalent government driver's license, identification card or military
15 card, bearing the person's photograph and date of birth, the person's valid
16 passport or a certified copy of the person's birth certificate.
STATEMENT OF PURPOSE
RS 11155C1
This legislation makes technical correction to Idaho's
Parental Consent statutes which will help to resolve peripheral
issues raised in litigation. The original intention of the
parental consent statutes remains in tact and its underlying
provisions are not weakened. This legislation addresses factual
issues raised in the litigation which were not originally
intended to be targeted by SB 1299 from the 2000 legislative
session.
FISCAL IMPACT
No net fiscal impact.
Contact
Name: Clinton Miner, Office of the Attorney General
Phone: 334-2400
STATEMENT OF PURPOSE/FISCAL NOTE H 340