SB 6: "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; relating to reporting of abortions performed on minors; and amending Rule 220, Alaska Rules of Appellate Procedure, and Rule 20, Alaska Probate Rules, relating to judicial bypass for an abortion."
00 SENATE BILL NO. 6 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; relating to reporting of abortions performed 04 on minors; and amending Rule 220, Alaska Rules of Appellate Procedure, and Rule 20, 05 Alaska Probate Rules, relating to judicial bypass for an abortion." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 18.16.010(a) is amended to read: 08 (a) An abortion may not be performed in this state unless 09 (1) the abortion is performed by a physician licensed by the State 10 Medical Board under AS 08.64.200; 11 (2) the abortion is performed in a hospital or other facility approved for 12 the purpose by the Department of Health and Social Services or a hospital operated by 13 the federal government or an agency of the federal government;
01 (3) before an abortion is knowingly performed or induced on a 02 pregnant, [AN] unmarried, unemancipated woman under 17 years of age, notice and 03 consent have [HAS] been given as required under AS 18.16.020 or a court has 04 authorized the minor to consent to the abortion without parental notice under 05 AS 18.16.030 and the minor consents; for purposes of enforcing this paragraph, there 06 is a rebuttable presumption that a woman who is unmarried and under 17 years of age 07 is unemancipated; 08 (4) the woman is domiciled or physically present in the state for 30 09 days before the abortion; and 10 (5) the applicable requirements of AS 18.16.060 have been satisfied. 11 * Sec. 2. AS 18.16.010(g) is amended to read: 12 (g) It is a [AN AFFIRMATIVE] defense to a prosecution or claim for 13 violation of (a)(3) of this section that, in the clinical judgment of the physician or 14 surgeon, compliance with the requirements of (a)(3) of this section was not possible 15 because, in the clinical judgment of the physician or surgeon, an immediate threat 16 of serious risk to the life or physical health of the pregnant minor from the 17 continuation of the pregnancy created a medical emergency necessitating the 18 immediate performance or inducement of an abortion. In this subsection, 19 (1) "clinical judgment" means a physician's or surgeon's 20 subjective professional medical judgment exercised in good faith; 21 (2) "defense" has the meaning given in AS 11.81.900(b); 22 (3) "medical emergency" means a condition that, on the basis of the 23 physician's or surgeon's good faith clinical judgment, so complicates the medical 24 condition of a pregnant minor that 25 (A) [(1)] an immediate abortion of the minor's pregnancy is 26 necessary to avert the minor's death; or 27 (B) [(2)] a delay in providing an abortion will create serious 28 risk of medical instability caused by a substantial and irreversible impairment 29 of a major bodily function of the pregnant minor. 30 * Sec. 3. AS 18.16.020 is repealed and reenacted to read: 31 Sec. 18.16.020. Notice and consent required before minor's abortion. (a) A
01 person may not knowingly perform or induce an abortion on a minor who is known to 02 the person to be pregnant, unmarried, under 17 years of age, and unemancipated 03 unless, before the abortion, at least one of the following applies: 04 (1) one of the minor's parents, the minor's legal guardian, or the 05 minor's custodian has been given notice of the planned abortion not less than 48 hours 06 before the abortion is performed and the parent, legal guardian, or custodian has 07 consented in writing to the performance or inducement of the abortion; 08 (2) a court issues an order under AS 18.16.030 authorizing the minor 09 to consent to the abortion without notice and consent of a parent, guardian, or 10 custodian, and the minor consents to the abortion; 11 (3) a court, by its inaction under AS 18.16.030, constructively has 12 authorized the minor to consent to the abortion without notice and consent of a parent, 13 guardian, or custodian, and the minor consents to the abortion; or 14 (4) the minor is the victim of physical abuse, sexual abuse, or a pattern 15 of emotional abuse committed by one or both of the minor's parents or by a legal 16 guardian or custodian of the minor and the abuse is documented by a declaration of the 17 abuse in a signed and notarized statement by 18 (A) the minor; and 19 (B) another person who has personal knowledge of the abuse 20 who is 21 (i) the sibling of the minor who is 21 years of age or 22 older; 23 (ii) a law enforcement officer; 24 (iii) a representative of the Department of Health and 25 Social Services who has investigated the abuse; 26 (iv) a grandparent of the minor; or 27 (v) a stepparent of the minor. 28 (b) In (a)(1) of this section, actual notice must be given or attempted to be 29 given in person or by telephone by either the physician who has referred the minor for 30 an abortion or by the physician who intends to perform the abortion. An individual 31 designated by the physician may initiate the notification process, but the actual notice
01 shall be given by the physician. The physician giving notice of the abortion must 02 document the notice or attempted notice in the minor's medical record and take 03 reasonable steps to verify that the person to whom the notice is provided is the parent, 04 legal guardian, or custodian of the minor seeking an abortion. Reasonable steps to 05 provide notice must include 06 (1) if in person, requiring the person to show government-issued 07 identification along with additional documentation of the person's relationship to the 08 minor; additional documentation may include the minor's birth certificate or a court 09 order of adoption, guardianship, or custodianship; 10 (2) if by telephone, initiating the call, attempting to verify through a 11 review of published telephone directories that the number to be dialed is that of the 12 minor's parent, legal guardian, or custodian, and asking questions of the person to 13 verify that the person's relationship to the minor is that of parent, legal guardian, or 14 custodian; when notice is attempted by telephone but the physician or physician's 15 designee is unsuccessful in reaching the parent, legal guardian, or custodian, the 16 physician's designee shall continue to initiate the call, in not less than two-hour 17 increments, for not less than five attempts, in a 24-hour period. 18 (c) If actual notice is attempted unsuccessfully after reasonable steps have 19 been taken as described under (b) of this section, the referring physician or the 20 physician intending to perform an abortion on a minor may provide constructive 21 notice to the minor's parent, legal guardian, or custodian. Constructive notice is 22 considered to have been given 48 hours after the certified notice is mailed. In this 23 subsection, "constructive notice" means that notice of the abortion was provided in 24 writing and mailed by certified mail, delivery restricted to addressee only, to the last 25 known address of the parent, legal guardian, or custodian after taking reasonable steps 26 to verify the mailing address. 27 (d) A physician who suspects or receives a report of abuse under this section 28 shall report the abuse as provided under AS 47.17.020. 29 (e) A physician who is informed that the pregnancy of a minor resulted from 30 criminal sexual assault of the minor must retain, and take reasonable steps to preserve, 31 the products of conception and evidence following the abortion for use by law
01 enforcement officials in prosecuting the crime. 02 * Sec. 4. AS 18.16.030(a) is amended to read: 03 (a) A woman who is pregnant, unmarried, under 17 years of age, and 04 unemancipated who wishes to have an abortion without notice to and the consent of a 05 parent, guardian, or custodian may file a complaint in the superior court requesting the 06 issuance of an order authorizing the minor to consent to the performance or 07 inducement of an abortion without notice to or the consent of a parent, guardian, or 08 custodian. 09 * Sec. 5. AS 18.16.030(b) is amended to read: 10 (b) The complaint shall be made under oath and must include all of the 11 following: 12 (1) a statement that the complainant is pregnant; 13 (2) a statement that the complainant is unmarried, under 17 years of 14 age, and unemancipated; 15 (3) a statement that the complainant wishes to have an abortion 16 without notice to or the consent of a parent, guardian, or custodian; 17 (4) an allegation of either or both of the following: 18 (A) that the complainant is sufficiently mature and well enough 19 informed to decide intelligently whether to have an abortion without notice to 20 or the consent of a parent, guardian, or custodian; or 21 (B) that one or both of the minor's parents or the minor's 22 guardian or custodian was engaged in physical abuse, sexual abuse, or a 23 pattern of emotional abuse against the minor, or that the consent of a parent, 24 guardian, or custodian otherwise is not in the minor's best interest; 25 (5) a statement as to whether the complainant has retained an attorney 26 and, if an attorney has been retained, the name, address, and telephone number of the 27 attorney. 28 * Sec. 6. AS 18.16.030(c) is amended to read: 29 (c) The court shall fix a time for a hearing on any complaint filed under (a) of 30 this section and shall keep a record of all testimony and other oral proceedings in the 31 action. The hearing shall be held at the earliest possible time, but not later than the
01 third [FIFTH] business day after the day that the complaint is filed. The court shall 02 enter judgment on the complaint immediately after the hearing is concluded. If the 03 hearing required by this subsection is not held by the third [FIFTH] business day after 04 the complaint is filed, the failure to hold the hearing shall be considered to be a 05 constructive order of the court authorizing the complainant to consent to the 06 performance or inducement of an abortion without notice to or the consent of a 07 parent, guardian, or custodian, and the complainant and any other person may rely on 08 the constructive order to the same extent as if the court actually had issued an order 09 under this section authorizing the complainant to consent to the performance or 10 inducement of an abortion without such consent. 11 * Sec. 7. AS 18.16.030(j) is amended to read: 12 (j) If the complainant files a notice of appeal authorized under this section, the 13 superior court shall deliver a copy of the notice of appeal and the record on appeal to 14 the supreme court within three [FOUR] days after the notice of appeal is filed. Upon 15 receipt of the notice and record, the clerk of the supreme court shall place the appeal 16 on the docket. The appellant shall file a brief within three [FOUR] days after the 17 appeal is docketed. Unless the appellant waives the right to oral argument, the 18 supreme court shall hear oral argument within five days after the appeal is docketed. 19 The supreme court shall enter judgment in the appeal immediately after the oral 20 argument or, if oral argument has been waived, within five days after the appeal is 21 docketed. Upon motion of the appellant and for good cause shown, the supreme court 22 may shorten or extend the maximum times set out in this subsection. However, in any 23 case, if judgment is not entered within five days after the appeal is docketed, the 24 failure to enter the judgment shall be considered to be a constructive order of the court 25 authorizing the appellant to consent to the performance or inducement of an abortion 26 without notice to or the consent of a parent, guardian, or custodian, and the appellant 27 and any other person may rely on the constructive order to the same extent as if the 28 court actually had entered a judgment under this subsection authorizing the appellant 29 to consent to the performance or inducement of an abortion without notice to or the 30 consent of another person. In the interest of justice, the supreme court, in an appeal 31 under this subsection, shall liberally modify or dispense with the formal requirements
01 that normally apply as to the contents and form of an appellant's brief. 02 * Sec. 8. AS 18.16.030(n) is amended to read: 03 (n) Blank copies of the forms prescribed under (l) of this section and 04 information on the proper procedures for filing a complaint or appeal shall be made 05 available by the court system at the official location of each superior court, district 06 court, and magistrate in the state. The information required under this subsection must 07 also include notification to the minor that 08 (1) there is no filing fee required for either form; 09 (2) no court costs will be assessed against the minor for procedures 10 under this section; 11 (3) an attorney will be appointed to represent the minor if the minor 12 does not retain an attorney; 13 (4) the minor may request that the superior court with appropriate 14 jurisdiction hold a telephonic hearing on the complaint so that the minor need not 15 personally be present; 16 (5) the minor may request that the superior court with 17 appropriate jurisdiction issue an order directing the minor's school to excuse the 18 minor from school to attend court hearings held under this section and to have 19 the abortion if one is authorized by the court and directing the school not to 20 notify the minor's parent, legal guardian, or custodian that the minor is 21 pregnant, seeking an abortion, or is absent for purposes of obtaining an abortion. 22 * Sec. 9. AS 18.16 is amended by adding new sections to read: 23 Sec. 18.16.035. Coercion of a minor prohibited; emancipation. (a) A person 24 may not coerce a minor who is pregnant to have an abortion. 25 (b) In addition to emancipation by other means provided by law, denial of 26 financial support by a parent, legal guardian, or custodian who has a legal duty of 27 support for purposes of coercing a minor to have an abortion shall be sufficient 28 evidence of emancipation status of the minor for purposes of AS 18.16.010 - 29 18.16.090. 30 (c) In this section, "coercion" means to restrain or dominate a minor by force, 31 threat of force, or deprivation of food, support, or shelter.
01 Sec. 18.16.040. Reports. For each month in which an abortion is performed on 02 a minor by a physician, the physician shall file a report with the Department of Health 03 and Social Services indicating the number of abortions performed on a minor for that 04 month, the age of each minor, the number of previous abortions performed on each 05 minor, if any, and the number of pregnancies of each minor, if any, and the number of 06 consents provided under each of the exceptions enumerated under AS 18.16.020(a)(1) 07 - (4). A report filed under this section may not include identifying information of the 08 minor other than the minor's age. 09 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 DIRECT COURT RULE AMENDMENT. Rule 220(a), Alaska Rules of 12 Appellate Procedure, is amended to read: 13 (a) Scope. This rule applies to an appeal from an order denying or dismissing 14 a petition filed by a minor under age 17 to bypass notice to and the [PARENTAL] 15 consent of a parent, guardian, or custodian to an abortion under AS 18.16.030. In 16 such appeals, this rule supersedes the other appellate rules to the extent they may be 17 inconsistent with this rule. It also supersedes the procedure for bypass appeals 18 established by AS 18.16.030(j). 19 * Sec. 11. The uncodified law of the state of Alaska is amended by adding a new section to 20 read: 21 DIRECT COURT RULE AMENDMENT. Rule 220(c)(1), Alaska Rules of 22 Appellate Procedure, is amended to read: 23 (1) A minor may appeal an order denying or dismissing a petition to 24 bypass notice to and the [PARENTAL] consent of a parent, guardian, or custodian 25 by filing a notice of appeal in any district or superior court, or directly with the clerk 26 of the appellate courts. The notice of appeal may be filed in person, by mail, or by fax, 27 and must be accompanied by a copy of the order from which the appeal is taken. No 28 filing fee will be charged. If the notice of appeal is filed in a district or superior court, 29 the clerk or magistrate shall immediately notify the clerk of the appellate courts that 30 the appeal has been filed. 31 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 DIRECT COURT RULE AMENDMENT. Rule 220(h), Alaska Rules of 03 Appellate Procedure, is amended to read: 04 (h) Constructive Order. If the court fails to enter an order within three 05 [FIVE] days after the date the clerk of the appellate courts receives the record on 06 appeal, the clerk shall issue a certificate stating that (1) no order was entered within 07 three [FIVE] days after the appeal was docketed; and (2) under AS 18.16.030(j), the 08 failure to enter an order constitutes a constructive order of the court authorizing the 09 minor to consent to an abortion without the consent of a parent, guardian, or custodian. 10 For purposes of AS 18.16.030(j), an appeal is deemed to be docketed on the date the 11 clerk of the appellate courts receives the record on appeal. 12 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 DIRECT COURT RULE AMENDMENT. Rule 20(a), Alaska Probate Rules, 15 is amended to read: 16 (a) Petition. An action for an order authorizing a minor under age 17 to 17 consent to an abortion without notice to or the consent of a parent, guardian, or 18 custodian is commenced by filing a petition. The petition must be under oath and must 19 include the information required by AS 18.16.030(b). The petitioner is not required to 20 provide an address or telephone number. Blank petition forms will be available at all 21 court locations and will be mailed or faxed to a petitioner upon request. No fee will be 22 charged for this service or other services provided to a petitioner. 23 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 DIRECT COURT RULE AMENDMENT. Rule 20(e), Alaska Probate Rules, 26 is amended to read: 27 (e) Findings and Order. The court shall enter an order immediately after the 28 hearing is concluded. The court shall grant the petition if the court finds by clear and 29 convincing evidence that one of the statutory grounds for dispensing with notice to or 30 the [PARENTAL] consent of a parent, guardian, or custodian exists. Otherwise, the 31 court shall deny the petition. If the petition is denied, the court shall inform the
01 petitioner of her right to an expedited appeal to the supreme court. 02 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 DIRECT COURT RULE AMENDMENT. Rule 20(f), Alaska Probate Rules, is 05 amended to read: 06 (f) Constructive Order. If the court fails to hold a hearing within three 07 [FIVE] days after the petition is filed, the presiding judge of the judicial district, or 08 another judge designated by the presiding judge, shall issue a certificate stating that 09 (1) no hearing was held within three [FIVE] business days after the petition was filed; 10 and (2) under AS 18.16.030(c), the failure to hold a hearing constitutes a constructive 11 order of the court authorizing the minor to consent to an abortion without the consent 12 of a parent, guardian, or custodian. A certificate should not be issued if the hearing 13 was not held because it was postponed at the petitioner's request or because the 14 petitioner failed to appear at the hearing. 15 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 SEVERABILITY. If any provision of this Act is held to be invalid or unenforceable 18 by its terms or as applied to any person or circumstance, the remainder of the provisions shall 19 be construed to give the maximum effect permitted by law, unless the holding shall be of utter 20 invalidity or unenforceability, in which event, the provision shall be considered severable and 21 does not affect the remaining provisions or the application of the severed provision to other 22 persons who are not similarly situated or to other dissimilar circumstances.