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CSHB 35(FIN)(ct rule fld)(efd fld): "An Act relating to notice and consent for a minor's abortion; relating to penalties for performing an abortion; relating to a judicial bypass procedure for an abortion; relating to coercion of a minor to have an abortion; and relating to reporting of abortions performed on minors."

00                 CS FOR HOUSE BILL NO. 35(FIN)(ct rule fld)(efd fld)                                                     
01 "An Act relating to notice and consent for a minor's abortion; relating to penalties for                                
02 performing an abortion; relating to a judicial bypass procedure for an abortion; relating                               
03 to coercion of a minor to have an abortion; and relating to reporting of abortions                                      
04 performed on minors."                                                                                                   
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 18.16.010(a) is amended to read:                                                                   
07            (a)  An abortion may not be performed in this state unless                                                   
08                 (1)  the abortion is performed by a physician licensed by the State                                     
09       Medical Board under AS 08.64.200;                                                                                 
10                 (2)  the abortion is performed in a hospital or other facility approved for                             
11       the purpose by the Department of Health and Social Services or a hospital operated by                             
12       the federal government or an agency of the federal government;                                                    
13                 (3)  before an abortion is knowingly performed or induced on a                                      
14       pregnant, [AN] unmarried, unemancipated woman under 17 years of age, notice and                           
01       consent have [HAS] been given as required under AS 18.16.020 or a court has                                   
02       authorized the minor to consent to the abortion without parental notice under                                 
03       AS 18.16.030 and the minor consents; for purposes of enforcing this paragraph, there                              
04       is a rebuttable presumption that a woman who is unmarried and under 17 years of age                               
05       is unemancipated;                                                                                                 
06                 (4)  the woman is domiciled or physically present in the state for 30                                   
07       days before the abortion; and                                                                                     
08                 (5)  the applicable requirements of AS 18.16.060 have been satisfied.                                   
09    * Sec. 2. AS 18.16.010(g) is amended to read:                                                                      
10            (g)  It is a [AN AFFIRMATIVE] defense to a prosecution or claim for                                      
11       violation of (a)(3) of this section that, in the clinical judgment of the physician or                        
12       surgeon, compliance with the requirements of (a)(3) of this section was not possible                          
13       because, in the clinical judgment of the physician or surgeon, an immediate threat                            
14       of serious risk to the life or physical health of the pregnant minor from the                                     
15       continuation of the pregnancy created a medical emergency necessitating the                                       
16       immediate performance or inducement of an abortion. In this subsection,                                           
17                 (1)  "clinical judgment" means a physician's or surgeon's                                           
18       subjective professional medical judgment exercised in good faith;                                             
19                 (2)  "defense" has the meaning given in AS 11.81.900(b);                                            
20                 (3)  "medical emergency" means a condition that, on the basis of the                                
21       physician's or surgeon's good faith clinical judgment, so complicates the medical                                 
22       condition of a pregnant minor that [(1)] an immediate abortion of the minor's                                     
23       pregnancy is necessary to avert the minor's death [;] or serious risk to the minor's                          
24       physical health [(2) A DELAY IN PROVIDING AN ABORTION WILL CREATE                                             
25       SERIOUS RISK OF SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A                                                      
26       MAJOR BODILY FUNCTION OF THE PREGNANT MINOR].                                                                     
27    * Sec. 3. AS 18.16.020 is repealed and reenacted to read:                                                          
28            Sec. 18.16.020. Notice and consent required before minor's abortion. (a) A                               
29       person may not knowingly perform or induce an abortion upon a minor who is known                                  
30       to the person to be pregnant, unmarried, under 17 years of age, and unemancipated                                 
31       unless, before the abortion, at least one of the following applies:                                               
01                 (1)  one of the minor's parents, the minor's legal guardian, or the                                     
02       minor's custodian has been given notice of the planned abortion not less than 48 hours                            
03       before the abortion is performed and the parent, legal guardian, or custodian has                                 
04       consented in writing to the performance or inducement of the abortion;                                            
05                 (2)  a court issues an order under AS 18.16.030 authorizing the minor                                   
06       to consent to the abortion without notice and consent of a parent, guardian, or                                   
07       custodian, and the minor consents to the abortion;                                                                
08                 (3)  a court, by its inaction under AS 18.16.030, constructively has                                    
09       authorized the minor to consent to the abortion without notice and consent of a parent,                           
10       guardian, or custodian, and the minor consents to the abortion; or                                                
11                 (4)  the minor is the victim of physical abuse, sexual abuse, or a pattern                              
12       of emotional abuse committed by one or both of the minor's parents or by a legal                                  
13       guardian or custodian of the minor and the abuse is documented by a declaration of the                            
14       abuse in a signed and notarized statement by                                                                      
15                      (A)  the minor; and                                                                                
16                      (B)  another person who has personal knowledge of the abuse                                        
17            who is                                                                                                       
18                           (i)  the sibling of the minor who is 21 years of age or                                       
19                 older;                                                                                                  
20                           (ii)  a law enforcement officer;                                                              
21                           (iii)  a representative of the Department of Health and                                       
22                 Social Services who has investigated the abuse;                                                         
23                           (iv)  a grandparent of the minor; or                                                          
24                           (v)  a stepparent of the minor.                                                               
25            (b)  In (a)(1) of this section, actual notice must be given or attempted to be                               
26       given in person or by telephone by either the physician who has referred the minor for                            
27       an abortion or by the physician who intends to perform the abortion. An individual                                
28       designated by the physician may initiate the notification process, but the actual notice                          
29       shall be given by the physician. The physician giving notice of the abortion must                                 
30       document the notice or attempted notice in the minor's medical record and take                                    
31       reasonable steps to verify that the person to whom the notice is provided is the parent,                          
01       legal guardian, or custodian of the minor seeking an abortion. Reasonable steps to                                
02       provide notice must include                                                                                       
03                 (1)  if in person, requiring the person to show government-issued                                       
04       identification along with additional documentation of the person's relationship to the                            
05       minor; additional documentation may include the minor's birth certificate or a court                              
06       order of adoption, guardianship, or custodianship;                                                                
07                 (2)  if by telephone, initiating the call, attempting to verify through a                               
08       review of published telephone directories that the number to be dialed is that of the                             
09       minor's parent, legal guardian, or custodian, and asking questions of the person to                               
10       verify that the person's relationship to the minor is that of parent, legal guardian, or                          
11       custodian; when notice is attempted by telephone but the physician or physician's                                 
12       designee is unsuccessful in reaching the parent, legal guardian, or custodian, the                                
13       physician's designee shall continue to initiate the call, in not less than two-hour                               
14       increments, for not less than five attempts, in a 24-hour period.                                                 
15            (c)  If actual notice is attempted unsuccessfully after reasonable steps have                                
16       been taken as described under (b) of this section, the referring physician or the                                 
17       physician intending to perform an abortion on a minor may provide constructive                                    
18       notice to the minor's parent, legal guardian, or custodian. Constructive notice is                                
19       considered to have been given 48 hours after the certified notice is mailed. In this                              
20       subsection, "constructive notice" means that notice of the abortion was provided in                               
21       writing and mailed by certified mail, delivery restricted to addressee only, to the last                          
22       known address of the parent, legal guardian, or custodian after taking reasonable steps                           
23       to verify the mailing address.                                                                                    
24            (d)  A physician who suspects or receives a report of abuse under this section                               
25       shall report the abuse as provided under AS 47.17.020.                                                            
26            (e)  A physician who is informed that the pregnancy of a minor resulted from                                 
27       criminal sexual assault of the minor must retain, and take reasonable steps to preserve,                          
28       the products of conception and evidence following the abortion for use by law                                     
29       enforcement officials in prosecuting the crime.                                                                   
30    * Sec. 4. AS 18.16.030(a) is amended to read:                                                                      
31            (a)  A woman who is pregnant, unmarried, under 17 years of age, and                                          
01       unemancipated who wishes to have an abortion without notice to and the consent of a                           
02       parent, guardian, or custodian may file a complaint in the superior court requesting the                          
03       issuance of an order authorizing the minor to consent to the performance or                                       
04       inducement of an abortion without notice to or the consent of a parent, guardian, or                          
05       custodian.                                                                                                        
06    * Sec. 5. AS 18.16.030(b) is amended to read:                                                                      
07            (b)  The complaint shall be made under oath and must include all of the                                      
08       following:                                                                                                        
09                 (1)  a statement that the complainant is pregnant;                                                      
10                 (2)  a statement that the complainant is unmarried, under 17 years of                                   
11       age, and unemancipated;                                                                                           
12                 (3)  a statement that the complainant wishes to have an abortion                                        
13       without notice to or the consent of a parent, guardian, or custodian;                                         
14                 (4)  an allegation of either or both of the following:                                                  
15                      (A)  that the complainant is sufficiently mature and well enough                                   
16            informed to decide intelligently whether to have an abortion without notice to                           
17            or the consent of a parent, guardian, or custodian; or                                                   
18                      (B)  that one or both of the minor's parents or the minor's                                        
19            guardian or custodian was engaged in physical abuse, sexual abuse, or a                                      
20            pattern of emotional abuse against the minor, or that the consent of a parent,                               
21            guardian, or custodian otherwise is not in the minor's best interest;                                        
22                 (5)  a statement as to whether the complainant has retained an attorney                                 
23       and, if an attorney has been retained, the name, address, and telephone number of the                             
24       attorney.                                                                                                         
25    * Sec. 6. AS 18.16.030(c) is amended to read:                                                                      
26            (c)  The court shall fix a time for a hearing on any complaint filed under (a) of                            
27       this section and shall keep a record of all testimony and other oral proceedings in the                           
28       action. The hearing shall be held at the earliest possible time, but not later than the                           
29       third [FIFTH] business day after the day that the complaint is filed. The court shall                         
30       enter judgment on the complaint immediately after the hearing is concluded. If the                                
31       hearing required by this subsection is not held by the third [FIFTH] business day after                       
01       the complaint is filed, the failure to hold the hearing shall be considered to be a                               
02       constructive order of the court authorizing the complainant to consent to the                                     
03       performance or inducement of an abortion without notice to or the consent of a                                
04       parent, guardian, or custodian, and the complainant and any other person may rely on                              
05       the constructive order to the same extent as if the court actually had issued an order                            
06       under this section authorizing the complainant to consent to the performance or                                   
07       inducement of an abortion without such consent.                                                                   
08    * Sec. 7. AS 18.16.030(j) is amended to read:                                                                      
09            (j)  If the complainant files a notice of appeal authorized under this section, the                          
10       superior court shall deliver a copy of the notice of appeal and the record on appeal to                           
11       the supreme court within three [FOUR] days after the notice of appeal is filed. Upon                          
12       receipt of the notice and record, the clerk of the supreme court shall place the appeal                           
13       on the docket. The appellant shall file a brief within three [FOUR] days after the                            
14       appeal is docketed. Unless the appellant waives the right to oral argument, the                                   
15       supreme court shall hear oral argument within five days after the appeal is docketed.                             
16       The supreme court shall enter judgment in the appeal immediately after the oral                                   
17       argument or, if oral argument has been waived, within five days after the appeal is                               
18       docketed. Upon motion of the appellant and for good cause shown, the supreme court                                
19       may shorten or extend the maximum times set out in this subsection. However, in any                               
20       case, if judgment is not entered within five days after the appeal is docketed, the                               
21       failure to enter the judgment shall be considered to be a constructive order of the court                         
22       authorizing the appellant to consent to the performance or inducement of an abortion                              
23       without notice to or the consent of a parent, guardian, or custodian, and the appellant                       
24       and any other person may rely on the constructive order to the same extent as if the                              
25       court actually had entered a judgment under this subsection authorizing the appellant                             
26       to consent to the performance or inducement of an abortion without notice to or the                           
27       consent of another person. In the interest of justice, the supreme court, in an appeal                            
28       under this subsection, shall liberally modify or dispense with the formal requirements                            
29       that normally apply as to the contents and form of an appellant's brief.                                          
30    * Sec. 8. AS 18.16.030(n) is amended to read:                                                                      
31            (n)  Blank copies of the forms prescribed under (l) of this section and                                      
01       information on the proper procedures for filing a complaint or appeal shall be made                               
02       available by the court system at the official location of each superior court, district                           
03       court, and magistrate in the state. The information required under this subsection must                           
04       also include notification to the minor that                                                                       
05                 (1)  there is no filing fee required for either form;                                                   
06                 (2)  no court costs will be assessed against the minor for procedures                                   
07       under this section;                                                                                               
08                 (3)  an attorney will be appointed to represent the minor if the minor                                  
09       does not retain an attorney;                                                                                      
10                 (4)  the minor may request that the superior court with appropriate                                     
11       jurisdiction hold a telephonic hearing on the complaint so that the minor need not                                
12       personally be present;                                                                                        
13                 (5)  the minor may request that the superior court with                                             
14       appropriate jurisdiction issue an order directing the minor's school to excuse the                            
15       minor from school to attend court hearings held under this section and to have                                
16       the abortion if one is authorized by the court and directing the school not to                                
17       notify the minor's parent, legal guardian, or custodian that the minor is                                     
18       pregnant, seeking an abortion, or is absent for purposes of obtaining an abortion.                            
19    * Sec. 9. AS 18.16 is amended by adding new sections to read:                                                      
20            Sec. 18.16.035. Coercion of a minor prohibited; emancipation. (a) A person                                 
21       may not coerce a minor who is pregnant to have an abortion.                                                       
22            (b)  In addition to emancipation by other means provided by law, denial of                                   
23       financial support by a parent, legal guardian, or custodian who has a legal duty of                               
24       support for purposes of coercing a minor to have an abortion shall be sufficient                                  
25       evidence of emancipation status of the minor for purposes of AS 18.16.010 -                                       
26       18.16.090.                                                                                                        
27            (c)  In this section, "coercion" means to restrain or dominate a minor by force,                             
28       threat of force, or deprivation of food, support, or shelter.                                                     
29            Sec. 18.16.040. Reports. For each month in which an abortion is performed on                               
30       a minor by a physician, the physician shall file a report with the Department of Health                           
31       and Social Services indicating the number of abortions performed on a minor for that                              
01       month, the age of each minor, the number of previous abortions performed on each                                  
02       minor, if any, and the number of pregnancies of each minor, if any, and the number of                             
03       consents provided under each of the exceptions enumerated under AS 18.16.020(a)(1)                                
04       - (4). A report filed under this section may not include identifying information of the                           
05       minor other than the minor's age.                                                                                 
06    * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to                         
07 read:                                                                                                                   
08       SEVERABILITY. If any provision of this Act is held to be invalid or unenforceable                               
09 by its terms or as applied to any person or circumstance, the remainder of the provisions shall                         
10 be construed to give the maximum effect permitted by law, unless the holding shall be of utter                          
11 invalidity or unenforceability, in which event, the provision shall be considered severable and                         
12 does not affect the remaining provisions or the application of the severed provision to other                           
13 persons who are not similarly situated or to other dissimilar circumstances.