SB34 - Imposes civil liability on any person violating Missouri's informed consent law for abortions
SB 0034 Imposes civil liability on any person violating Missouri's informed consent law for abortions
Sponsor:Loudon
LR Number:0389S.06P Fiscal Note:0389-06
Committee:Judiciary and Civil & Criminal Jurisprudence
Last Action:05/16/03 - H Calendar S Bills for Third Reading Journal page:
Title:SS SB 34
Effective Date:August 28, 2003
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Current Bill Summary

SS/SB 34 - This act provides that no person shall intentionally cause, aid or assist a minor to obtain an abortion without the required informed consent. Any person who violates this act shall be civilly liable to the minor and to the person required to the required informed consent. A court may award damages, including attorney's fees and court costs, to any person adversely affected by a violation of this act. A court may also award punitive damages.

It is not a defense to a claim brought pursuant to this act that the abortion was performed in accordance with the required consent of the state or place where the abortion was performed. An unemancipated minor does not have the capacity to consent to any action of this act or to Section 188.028, RSMo.

A court may enjoin conduct in violation of this act upon a petition by the Attorney General, a prosecuting or circuit attorney, or a person adversely affected or who may be adversely affected. In order to enjoin such conduct, there must be a showing that such conduct is reasonably anticipated to occur in the future or has occurred in the past and it is not unreasonable to expect that such conduct will be repeated.
JIM ERTLE