Text: HSB00062                          Text: HSB00064
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House Study Bill 63

Bill Text

PAG LIN
  1  1    Section 1.  Section 135L.1, subsections 3 and 6, Code 1997,
  1  2 are amended by striking the subsections.
  1  3    Sec. 2.  Section 135L.3, subsection 3, paragraph c, Code
  1  4 1997, is amended to read as follows:
  1  5    c.  The court proceedings shall be conducted in a manner
  1  6 which protects the confidentiality of the pregnant minor and
  1  7 notwithstanding section 232.147 or any other provision to the
  1  8 contrary, all court documents pertaining to the proceedings
  1  9 shall remain confidential and shall be sealed.  Only the
  1 10 pregnant minor, the pregnant minor's guardian ad litem, the
  1 11 pregnant minor's legal counsel, and persons whose presence is
  1 12 specifically requested by the pregnant minor, by the pregnant
  1 13 minor's guardian ad litem, or by the pregnant minor's legal
  1 14 counsel may attend the hearing on the petition.
  1 15    Sec. 3.  Section 135L.3, subsection 3, paragraph l, Code
  1 16 1997, is amended to read as follows:
  1 17    l.  The supreme court shall prescribe rules to ensure that
  1 18 the proceedings under this section are performed in an
  1 19 expeditious and confidential manner.  Resolution of a petition
  1 20 for authorization of waiver of the notification requirement
  1 21 shall be completed within seventeen calendar days as
  1 22 calculated from the day after the filing of the petition to
  1 23 the day of issuance of any final decision on appeal.
  1 24    Sec. 4.  Section 135L.3, subsection 3, paragraph m,
  1 25 subparagraph (2), Code 1997, is amended by striking the
  1 26 subparagraph.
  1 27    Sec. 5.  Section 135L.3, subsection 3, paragraph m,
  1 28 subparagraph (3), Code 1997, is amended to read as follows:
  1 29    (3)  The pregnant minor's attending physician certifies in
  1 30 writing that a medical emergency exists which necessitates the
  1 31 immediate performance of an abortion in accordance with
  1 32 section 135L.5, and places the written certification in the
  1 33 medical file of the pregnant minor.
  1 34    Sec. 6.  Section 135L.3, subsection 3, paragraph m,
  1 35 subparagraph (4), Code 1997, is amended to read as follows:
  2  1    (4)  The pregnant minor declares that the pregnant minor is
  2  2 a victim of child abuse pursuant to section 232.68, the person
  2  3 responsible for the care of the child is a parent of the
  2  4 child, and either the abuse has been reported pursuant to the
  2  5 procedures prescribed in chapter 232, division III, part 2, or
  2  6 a parent of the child is named in a report of founded child
  2  7 abuse.  The department of human services shall maintain
  2  8 confidentiality under chapter 232 and shall not release any
  2  9 information in response to a request for public records,
  2 10 discovery procedures, subpoena, or any other means, unless the
  2 11 release of information is expressly authorized by the pregnant
  2 12 minor regarding the pregnant minor's pregnancy and abortion,
  2 13 if the abortion is obtained.
  2 14    Sec. 7.  Section 135L.3, subsection 3, paragraph n, Code
  2 15 1997, is amended to read as follows:
  2 16    n.  A person who knowingly performs an abortion in
  2 17 violation of this section is guilty of a serious misdemeanor.
  2 18    Sec. 8.  Section 135L.6, subsection 2, Code 1997, is
  2 19 amended to read as follows:
  2 20    2.  Knowingly tenders a false original or copy of the
  2 21 notification document mailed to a parent, grandparent, or aunt
  2 22 or uncle of the pregnant minor under this chapter, a false
  2 23 original or copy of the written certification to be provided
  2 24 to a parent of a pregnant minor pursuant to section 135L.5, or
  2 25 a false original or copy of the order waiving notification
  2 26 relative to the performance of an abortion on a pregnant
  2 27 minor.
  2 28    Sec. 9.  Section 135L.7, Code 1997, is amended to read as
  2 29 follows:
  2 30    135L.7  IMMUNITIES.
  2 31    1.  With the exception of the civil liability which may
  2 32 apply to a grandparent or aunt or uncle of a pregnant minor
  2 33 who accepts notification under this chapter, a A person is
  2 34 immune from any liability, civil or criminal, for any act,
  2 35 omission, or decision made in connection with a good faith
  3  1 effort to comply with the provisions of this chapter.
  3  2    2.  This section shall not be construed to limit civil or
  3  3 criminal liability of a person for any act, omission, or
  3  4 decision made in relation to the performance of a medical
  3  5 procedure on a pregnant minor.
  3  6    Sec. 10.  Section 135L.8, Code 1997, is amended to read as
  3  7 follows:
  3  8    135L.8  ADOPTION OF RULES – IMPLEMENTATION AND DOCUMENTS.
  3  9    The Iowa department of public health shall adopt rules to
  3 10 implement the notification procedures pursuant to this chapter
  3 11 including but not limited to rules regarding the documents
  3 12 necessary for notification of a parent, grandparent, or aunt
  3 13 or uncle of a pregnant minor who is designated to receive
  3 14 notification under this chapter.
  3 15    Sec. 11.  Section 600A.6, subsection 7, Code 1997, is
  3 16 amended by striking the subsection.
  3 17    Sec. 12.  Section 135L.5, Code 1997, is repealed.  
  3 18                           EXPLANATION
  3 19    This bill changes the current law regarding the persons who
  3 20 may be notified prior to the performance of an abortion on a
  3 21 pregnant minor.  The bill eliminates the option of notifying a
  3 22 grandparent or aunt or uncle of a pregnant minor in lieu of a
  3 23 parent prior to the performance of an abortion on a pregnant
  3 24 minor.
  3 25    The bill also provides that all court documents pertaining
  3 26 to the waiver of notification proceedings are to be sealed and
  3 27 that resolution of a petition for waiver of notification must
  3 28 be completed within 17 calendar days after the day of filing
  3 29 of the petition to the day of any final decision on appeal of
  3 30 the action.  The bill provides that if the pregnant minor
  3 31 declares the pregnant minor to be a victim of sexual abuse,
  3 32 the department of human services is prohibited from releasing
  3 33 information relating to the pregnant minor's pregnancy or
  3 34 abortion, if the abortion is obtained, in response to a
  3 35 request for public records, discovery procedures, or subpoena,
  4  1 unless expressly authorized by the pregnant minor.
  4  2    The bill eliminates the procedure to be followed in lieu of
  4  3 notification of a parent and judicial bypass in the case of a
  4  4 medical emergency, and provides that a medical emergency, as
  4  5 defined in chapter 135L, is an exception to notification of a
  4  6 parent prior to performance of an abortion on a pregnant
  4  7 minor.  The bill also includes an element of criminal intent
  4  8 in the provisions for performing an abortion in violation of
  4  9 the section of the law relating to notification.
  4 10    The bill eliminates the required notification of a
  4 11 custodial parent or legal guardian or custodian of a pregnant
  4 12 minor or minor who has given birth, prior to the hearing
  4 13 regarding the termination of parental rights of the pregnant
  4 14 minor or minor.  
  4 15 LSB 1492XL 77
  4 16 pf/jj/8.3
     

Text: HSB00062                          Text: HSB00064
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