New Pro-Life House & Senate Bills
for the 2005 Legislative Session

By Jim Day, Publisher St. Louis MetroVoice

The following is a list of new pro-life bills which were pre-filed and/or have been introduced during the first few weeks of the new 2005 legislative session. Keep in mind, these bills have just been introduced and consequently have not gone through the complete legislative process – they are not yet the law in Missouri.

No Bill Number – Human Cloning

(To be introduced by Jim Lembke (R) House District 85.)

State Representative Lembke informed the MetroVoice at press time that he plans to reintroduce HB 1151 from last year in the upcoming 2005 legislative session. A new bill number will be assigned with the same language as HB 1151 which will read as follows:

Bill Summary: This bill prohibits individuals from knowingly engaging or participating in human cloning and from knowingly using public funds to engage or attempt to engage in human cloning. It also prohibits individuals from knowingly using public facilities for engaging in or attempting to engage in human cloning and prohibits public employees from allowing other individuals to engage in or attempt to engage in human cloning while using public funds or public facilities. Violation of the bill is a Class B Felony.

Bill Text: To amend Chapter 565, RSMo, by adding thereto one new section relating to human cloning, with penalty provisions. Section A. Chapter 565, RSMo, is amended by adding thereto one new Section, to be known as Section 565.305, to read as follows:

565.305. 1. As used in this Section, the following terms and phrases shall mean:

(1) “Clone a human being” or “cloning a human being,” the creation of a human being by any means other than by the fertilization of an oocyte of a human female by a sperm of a human male;

(2) “Cloned human being,” a human being created by human cloning;

(3) “Public employee,” any person employed by the state of Missouri or any agency or political subdivision thereof;

(4) “Public facilities,” any public institution, public facility, public equipment, or any physical asset owned, leased, or controlled by the state of Missouri or any agency or political subdivision thereof;

(5) “Public funds,” any funds received or controlled by the state of Missouri or any agency or political subdivision thereof, including, but not limited to, funds derived from federal, state, or local taxes, gifts, or grants from any source, public or private, federal grants or payments, or intergovernmental transfers.

2. No person shall knowingly clone a human being or participate in cloning a human being.

3. No person shall knowingly use public funds to clone a human being or attempt to clone a human being.

4. No person shall knowingly use public facilities to clone a human being or attempt to clone a human being.

5. No public employee shall knowingly allow any person to clone a human being or attempt to clone a human being while making use of public funds or public facilities.

6. Any person who violates the provisions of Subsections 2 to 5 of this Section is guilty of a Class B Felony.

7. The laws of this state shall be interpreted and construed to acknowledge on behalf of a cloned human being at every stage of development, all the rights, privileges, and immunities available to other persons, citizens, and residents of this state, subject only to the Constitution of the United States and decisional interpretations thereof by the United States Supreme Court and specific provisions to the contrary in the statutes and constitution of this state.

HB 100 - Abortion Regulations

(Filed by Jane Cunningham (R) House District 86.)

This bill adds the definitions of “department” and “medical emergency” to the laws regarding regulation of abortions.  It specifies that the term “next friend” as it relates to consent to abortion for minors does not include another minor child or any person who has a financial interest or personal gain from a minor’s decision to have an abortion.

A penalty provision is revised pertaining to the performance of actions contrary to current law and the nonperformance of required actions under current law.  It establishes the defense of performing or not performing an action because of a medical emergency.  Under current law, a physician who performs an abortion and does not have surgical privileges at a hospital that offers obstetrical or gynecological care is guilty of a Class B Felony.  The bill specifies that a physician who performs an abortion and does not have clinical privileges to provide obstetrical or gynecological care at a hospital within 30 miles of the location where the abortion is performed is guilty of a Class B Felony.

The bill also prohibits a person from intentionally causing, aiding, or assisting a minor to obtain an abortion without consent from a parent or a judicial decree.  Any person who is subject to the jurisdiction of the State of Missouri and violates this provision will be civilly liable to persons adversely affected by the action.  If civil liability is established, a court may award damages, including compensation for emotional injury, attorney fees, and court costs to any person adversely affected.  However, damages may not be awarded to any person who has committed rape or incest or has knowingly allowed rape or incest to be committed against a minor who obtains an abortion.

A person is not allowed to assert as a defense a claim that the abortion was performed in accordance with the required consent of the state or the place where the abortion was performed. The bill also prohibits an un-emancipated minor from having the capacity to consent to any action in violation of the bill or Section 188.028, RSMo.

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

An establishment that performs or induces second or third-trimester abortions or five or more first-trimester abortions per month is added to the definition of “ambulatory surgical center” for the purpose of regulating these centers.

HB 143 - Missouri Parental Notification Act

(Filed by Dr. Charles Portwood (R) House District 92.)

HB 143 prohibits an abortion to be performed on a minor until written notice has been delivered to the parent of the minor. Section A. Section 188.028, RSMo, would be repealed and seven new Sections enacted in lieu thereof, to be known as Sections 188.028, 188.255, 188.258, 188.261, 188.264, 188.267, and 188.270, to read as follows:

188.028. 1. No person shall knowingly perform an abortion upon a pregnant woman under the age of eighteen years unless:

(1) The attending physician has notified a parent or relative of the minor under Sections 188.255 to 188.270, and secured the informed written consent of the minor and one parent or guardian; or

(2) The minor is emancipated and the attending physician has received the informed written consent of the minor; or

(3) The minor has been granted the right to self-consent to the abortion by court order pursuant to Subsection 2 of this Section, and the attending physician has received the informed written consent of the minor; or

(4) The minor has been granted consent to the abortion by court order, and the court has given its informed written consent in accordance with Subsection 2 of this Section, and the minor is having the abortion willingly, in compliance with Subsection 3 of this Section.

2. The right of a minor to self-consent to an abortion under Subdivision (3) of Subsection 1 of this Section or court consent under Subdivision (4) of Subsection 1 of this Section may be granted by a court pursuant to the following procedures:

(1) The minor or next friend shall make an application to the juvenile court which shall assist the minor or next friend in preparing the petition and notices required pursuant to this section. The minor or the next friend of the minor shall thereafter file a petition setting forth the initials of the minor; the age of the minor; the names and addresses of each parent, guardian, or, if the minor’s parents are deceased and no guardian has been appointed, any other person standing in loco parentis of the minor; that the minor has been fully informed of the risks and consequences of the abortion; that the minor is of sound mind and has sufficient intellectual capacity to consent to the abortion; that, if the court does not grant the minor majority rights for the purpose of consent to the abortion, the court should find that the abortion is in the best interest of the minor and give judicial consent to the abortion; that the court should appoint a guardian ad litem of the child; and if the minor does not have private counsel, that the court should appoint counsel. The petition shall be signed by the minor or the next friend;

(2) A hearing on the merits of the petition, to be held on the record, shall be held as soon as possible within five days of the filing of the petition. If any party is unable to afford counsel, the court shall appoint counsel at least twenty-four hours before the time of the hearing. At the hearing, the court shall hear evidence relating to the emotional development, maturity, intellect and understanding of the minor; the nature, possible consequences, and alternatives to the abortion; and any other evidence that the court may find useful in determining whether the minor should be granted majority rights for the purpose of consenting to the abortion or whether the abortion is in the best interests of the minor;

(3) In the decree, the court shall for good cause:

(a) Grant the petition for majority rights for the purpose of consenting to the abortion; or

(b) Find the abortion to be in the best interests of the minor and give judicial consent to the abortion, setting forth the grounds for so finding; or

(c) Deny the petition, setting forth the grounds on which the petition is denied;

(4) If the petition is allowed, the informed consent of the minor, pursuant to a court grant of majority rights, or the judicial consent, shall bar an action by the parents or guardian of the minor on the grounds of battery of the minor by those performing the abortion. The immunity granted shall only extend to the performance of the abortion in accordance herewith and any necessary accompanying services which are performed in a competent manner. The costs of the action shall be borne by the parties;

(5) An appeal from an order issued under the provisions of this section may be taken to the court of appeals of this state by the minor or by a parent or guardian of the minor. The notice of intent to appeal shall be given within twenty-four hours from the date of issuance of the order. The record on appeal shall be completed and the appeal shall be perfected within five days from the filing of notice to appeal. Because time may be of the essence regarding the performance of the abortion, the supreme court of this state shall, by court rule, provide for expedited appellate review of cases appealed under this section.

3. If a minor desires an abortion, then she shall be orally informed of and, if possible, sign the written consent required by Section 188.039 in the same manner as an adult person. No abortion shall be performed on any minor against her will, except that an abortion may be performed against the will of a minor pursuant to a court order described in Subdivision (4) of Subsection 1 of this Section that the abortion is necessary to preserve the life of the minor.

HB 168 - Makes it a Crime to Clone a Human Being

(Filed by Tim Meadows (D) House District 101.)

HB 168 would amend Chapter 565, RSMo, by adding one new section relating to the cloning of human beings, with penalty provisions. Section A. Chapter 565, RSMo, would have one new section known as Section 565.310 added which would read: “No person shall clone a human being. For purposes of this Section, ‘clone’ means to create, by artificial alteration of its genetic composition, a human being who is genetically identical to another human being. Any person who violates the provisions of this Section is guilty of a Class B Felony.”

SB 2 - Modifies Laws Relating to Abortion Services

(Filed by John Loudon (R) Senate District 7.)

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 has sufficient contact with this state and 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, litigation costs and court costs, to any person adversely affected by a violation of this act. The court may include compensation for emotional injury even if there is no personal presence at the scene of any act or event. 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 un-emancipated 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.

This act modifies the penalty for physicians who perform abortions. Currently, Section 188.080, RSMo, prohibits anyone but licensed physicians from performing abortions and imposes a penalty. This act modifies the penalty to state that any physician who does not have clinical privileges to provide OB/GYN care at a hospital located within 30 miles of the location at which the abortion is performed is guilty of a Class B Felony.

The act also modifies the definition of “ambulatory surgical center” in Section 197.200, RSMo, to include “any establishment operated for the purpose of performing or inducing any second or third trimester abortions or at least five or more first trimester abortions per month.”

This act is identical to SCS/SBs 738 & 790 (2004).

SB 94 – Respect Life License Plate

(Filed by John Cauthorn (R) Senate District 18.)

This act creates the “Respect Life” license plate. Any person may acquire such a plate after making a contribution ($25 annual/ $50 biennial) to the Missouri Alternatives to Abortion Fund which is created by the act. The contribution shall be made directly to the Department of Revenue. The Director of the Department of Revenue is directed to issue samples of the Respect Life license plates so that the plates are displayed in various registration offices. Moneys in the Missouri Alternatives to Abortion Fund shall be used to promote alternatives to abortion services by grants to private agencies.  This act is identical to SB 862 (2004).

HB 34 - Human Sexuality Instruction

(Filed by Cynthia Davis (R) House District 19.)

HB 34 removes a provision that requires course materials and instruction relating to human sexuality and sexually transmitted diseases to include a presentation about the side effects and health benefits of all forms of contraception. The bill would repeal Section 170.015, RSMo, and enact in lieu thereof one new section relating to human sexuality instruction. Section A. Section 170.015, RSMo, would be repealed and the new section, known as Section 170.015, would read as follows:

170.015. 1. Any course materials and instruction relating to human sexuality and sexually transmitted diseases shall be medically and factually accurate and shall:

(1) Present abstinence from sexual activity as the preferred choice of behavior in relation to all sexual activity for unmarried pupils because it is the only method that is one hundred percent effective in preventing pregnancy, sexually transmitted diseases and the emotional trauma associated with adolescent sexual activity, and advise students that teenage sexual activity places them at a higher risk of dropping out of school because of the consequences of sexually transmitted diseases and unplanned pregnancy;

(2) Stress that sexually transmitted diseases are serious, possible, health hazards of sexual activity. Pupils shall be provided with the latest medical information regarding exposure to human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), human papilloma virus, hepatitis and other sexually transmitted diseases;

(3) [Present students with the latest medically factual information regarding both the possible side effects and health benefits of all forms of contraception, including the success and failure rates for the prevention of pregnancy and sexually transmitted diseases;

(4)] Include a discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual activity and the consequences of adolescent pregnancy, as well as the advantages of adoption, including the adoption of special needs children, and the processes involved in making an adoption plan;

[(5)] (4) Teach skills of conflict management, personal responsibility and positive self-esteem through discussion and role-playing at appropriate grade levels to emphasize that the pupil has the power to control personal behavior. Pupils shall be encouraged to base their actions on reasoning, self-discipline, sense of responsibility, self-control, and ethical considerations, such as respect for one’s self and others. Pupils shall be taught not to make unwanted physical and verbal sexual advances or otherwise exploit another person. Pupils shall be taught to resist unwanted sexual advances and other negative peer pressure;

[(6)] (5) Advise pupils of the laws pertaining to their financial responsibility to children born in and out of wedlock and advise pupils of the provisions of Chapter 566, RSMo, pertaining to statutory rape.

2. Policies concerning referrals and parental notification regarding contraception shall be determined by local school boards, consistent with the provisions of Section 167.611, RSMo.

3. A school district which provides human sexuality instruction may separate students according to gender for instructional purposes.

4. The board of a school district shall determine the specific content of the district’s instruction in human sexuality, in accordance with Subsections 1 to 3 of this Section, and shall ensure that all instruction in human sexuality is appropriate to the age of the students receiving such instruction.

5. A school district shall notify the parent or legal guardian of each student enrolled in the district of:

(1) The basic content of the district’s human sexuality instruction to be provided to the student; and

(2) The parent’s right to remove the student from any part of the district’s human sexuality instruction.

6. A school district shall make all curriculum materials used in the district’s human sexuality instruction available for public inspection pursuant to Chapter 610, RSMo, prior to the use of such materials in actual instruction.

SB 40 - Birth Control Protection Act

(Filed by Joan Bray (D) Senate District 24.)

Bill Summary: This act prohibits any governmental entity from prohibiting, interfering with, or discriminating against the right of consenting adults to obtain or use safe contraception. Nothing in this act shall be construed to prevent the implementation of any laws, rules, or taxes relating to the sale or distribution of contraceptives provided that they are reasonably designed to promote public health and do not hinder public access to contraceptives.

Bill Text: To amend Chapter 191, RSMo, by adding thereto one new section relating to contraception. Section A. Chapter 191, RSMo, is amended by adding thereto one new section, to be known as section 191.720, to read as follows:

191.720. 1. This Section shall be known and may be cited as the “Birth Control Protection Act.”

2. The general assembly of this state finds that:

(1) Citizens of this state have a protectable interest in the freedom from unreasonable government intrusions into their private lives;

(2) This interest in freedom from unreasonable government intrusions into the private lives of citizens encompasses and protects the right of consenting individuals to obtain and use safe and effective methods of contraception without interference by governmental entities;

(3) It is the public policy of this state that the interest in freedom from unreasonable government intrusions into the private lives of citizens, and specifically the right of consenting individuals to obtain and use safe and effective methods of contraception without interference by governmental entities, shall be safeguarded and that the laws of this state shall be interpreted and construed to recognize and protect these rights.

3. Notwithstanding any other provisions of law, no governmental actor or entity, whether state, county, municipal, or otherwise, within the state of Missouri, shall:

(1) Be authorized to act in any fashion so as to deprive consenting individuals of the right to obtain and use safe and effective methods of contraception; or

(2) Interfere with or discriminate against, in the regulation or provision of benefits, facilities, services, or information, the right of consenting individuals to obtain and use safe and effective methods of contraception.

4. Nothing in this section shall be interpreted to prevent implementation of laws, rules, ordinances, taxes, or regulations affecting the method and manner of sale or distribution of contraceptives, provided such laws, rules, ordinances, taxes, or regulations are reasonably designed to promote public health and safety, and do not have the effect of unreasonably hindering public access to contraceptives.

Publisher’s Comment Regarding Senator Bray’s SB 40

I really had second thoughts about including Joan Bray’s SB 40 as a “Pro-life” piece of legislation in this article however, due to fact that contraceptives are a life topic, I went ahead and included it. As many people know, Joan Bray is a long-time champion of “abortion rights.” Planned Parenthood, NARAL, NOW and other “pro-choice” organizations love her. Therefore, I don’t trust her as far as I can spit when it comes to pro-life issues.

Bray’s SB 40 is quite interesting. The bill summary states that SB 40 “prohibits any governmental entity from prohibiting, interfering with, or discriminating against the right of consenting adults to obtain or use safe contraception.” Note the term “consenting adults.” Keep in mind that bill summaries mean nothing. What counts is what the bill language actually says when it becomes law. In Bray’s actual bill language, as it now stands, you’ll note that instead of the term “consenting adults,” it reads “consenting individuals.” There’s a big difference between “adults” and “individuals.” A pre-born baby, a 13 year old teenager and a 90 year old man are all individuals, but obviously a baby or a teenager are not adults.

Ms. Bray is not stupid and I have little doubt that she’s up to no good with this piece of legislation. This is just a guess, but I suspect she’s attempting to short circuit any possible future legislation which would prohibit her buddies at Planned Parenthood from handing out condoms at schools which, by the way, are “government entities.”

She might also be attempting to protect the distribution of over-the-counter “morning after pills,” or thwart any legislation which would threaten the distribution of emergency contraception. There’s also the possibility that she’s trying to prevent pharmacists from refusing to dispense contraceptives, even though Missouri doesn’t have a pharmacist conscience bill on the books – yet. At the very least, the bill is a slap in the face to those who believe that any form of birth control is against their religious beliefs.