Vetoed by Governor Brian Schweitzer

Vote Smart's Synopsis:

Vote to pass a bill that requires parental notification prior to abortions performed on minors under the age of 16.

Highlights:

• Requires physicians to provide notice at least 48 hours prior to an abortion to a parent or legal guardian of the pregnant minor or incompetent pregnant woman, stating his or her intention to perform the abortion (Sec. 4).

• Defines "minor" as a female under 16 years of age who is not an emancipated minor (Sec. 3).

• Specifies that a parent, guardian, or other individual may not coerce a minor into having an abortion, and that if a minor is denied financial support by a parent or guardian because he or she did not have an abortion, the minor is considered emancipated and eligible for public assistance benefits (Sec. 7).

• Defines "coercion" as restraint or domination of choice of a minor female by force, threat of force, or deprivation of food and shelter (Sec. 3).

• Authorizes a minor to petition the youth court to waive the notification requirement (Sec. 8).

• Exempts abortions resulting from a medical emergency from the provisions of this act (Sec. 6).

• Specifies that the penalty for performing an abortion in violation of this act is a fine of no more than $500, 6 months imprisonment in the county jail, or both (Sec. 9).

• Specifies that individuals who coerce a minor into having an abortion are guilty of a misdemeanor and shall be fined no more than $1,000, imprisoned for 1 year in the county jail, or both (Sec. 9).

• Specifies that a second or subsequent conviction of coercion of a minor will result in a fine of at least $500 but no more than $50,000, imprisonment in the state prison for at least 10 days but no more than 5 years, or both (Sec. 9).

Full Bill Text