6290-S AMS PATT S4959.1

SSB 6290 - S AMD TO S AMD (S4813.2) - 704

By Senator Patterson

                                                    PULLED 2/16/98

    On page 2, beginning on line 19 of the amendment, strike all of subsection (4), renumber the remaining subsections consecutively, and correct any internal references accordingly.

SSB 6290 - S AMD TO S AMD (S4813.2) - 704

By Senator Patterson

                                                    PULLED 2/16/98

    On page 3, line 26 of the amendment, after "abortion." insert the following:

    "Where there is a reason to believe the male who participated in creating the pregnancy is an unemancipated minor or an incompetent person, no person may perform an abortion until forty-eight hours actual notification has been given the custodial parent or guardian of the male."

SSB 6290 - S AMD TO S AMD (S4813.2) - 704

By Senator Patterson

                                                    PULLED 2/16/98

    On page 4, beginning on line 7 of the amendment, after "guardian" strike all material through "act" on line 9 and insert "of a minor female or male is not required if the minor is emancipated as defined in section 3 of this act"

    On page 4, beginning on line 14 of the amendment, after "guardian of the" strike all material through "child" on line 15 and insert "minor or incompetent female and male"

    On page 4, beginning on line 18 of the amendment, after "That" strike all material through "her" on line 19 and insert "any person seeking to file a petition under this chapter will be provided court-appointed counsel at her or his"

    On page 4, line 21 of the amendment, after "(i)" strike "She is" and insert "One or both of the petitioning minors are"

    On page 4, at the beginning of line 25 of the amendment, strike all material through "child;" and insert "of the petitioning minors; and"

    On page 4, beginning on line 27 of the amendment, after "guardian" strike all material through "law" on line 30

    On page 4, line 36 of the amendment, after "abortion." insert "Where there is a reason to believe the male who participated in creating the pregnancy is an unemancipated minor or an incompetent person, no person may perform an abortion until consent has been obtained from the custodial parent or guardian of the male."

SSB 6290 - S AMD TO S AMD (S4813.2) - 704

By Senator Patterson

                                                    PULLED 2/16/98

    On page 5, beginning on line 14 of the amendment, after "guardian" strike all material through "act" on line 16 and insert "of a minor female or male is not required if the minor is emancipated as defined in section 3 of this act"

    On page 5, beginning on line 21 of the amendment, after "guardian of the" strike all material through "child" on line 22 and insert "minor or incompetent female and male"

    On page 5, beginning on line 25 of the amendment, after "(e)" strike all material through "her" on line 26 and insert "Any person seeking to file a petition under this chapter will be provided court-appointed counsel at her or his"

    On page 5, line 28 of the amendment, after "(i)" strike "She is" and insert "One or both of the petitioning minors are"

    On page 5, beginning on line 31 of the amendment, after "of the" strike all material through "child;" on line 32 and insert "petitioning minors; and"

    On page 5, beginning on line 34 of the amendment, after "guardian" strike all material through "law" on line 36

SSB 6290 - S AMD TO S AMD (S4813.2) - 704

By Senator Patterson

                                                    PULLED 2/16/98

    On page 7, beginning on line 17 of the amendment, strike all of section 11

    Renumber the remaining sections consecutively and correct any internal references accordingly.

SSB 6290 - S AMD TO S AMD (S4813.2) - 704

By Senator Patterson

                                                    PULLED 2/16/98

    On page 8, line 20 of the amendment, after "pregnant" insert ", or is believed to be the male who participated in creating the pregnancy,"

    On page 8, line 21 of the amendment, after "her" insert "or him"

    On page 8, line 31 of the amendment, after "file her" insert "or his"

    On page 8, line 31 of the amendment, after "solely her" insert "or his"

SSB 6290 - S AMD TO S AMD (S4813.2) - 704

By Senator Patterson

    On page 9, line 1 of the amendment, after "(4)" insert "(a)"

    On page 9, after line 7 of the amendment, insert the following:

    "(b) In the case of a petition by an unemancipated or incompetent male, if the court finds by clear, cogent, and convincing evidence that the petitioner is sufficiently mature or able to deal with the decision to have an abortion, the court shall waive the requirement that a parent or guardian of the male be notified.  If the court does not make the finding specified in this subsection (4)(b) the petition shall be dismissed."

SSB 6290 - S AMD TO S AMD (S4813.2) - 704

By Senator Patterson

                                                    PULLED 2/16/98

    On page 10, line 18 of the amendment, after "(4)" insert "(a)"

    On page 10, after line 24 of the amendment, insert the following:

    "(b) In the case of a petition by an unemancipated or incompetent male, if the court finds by clear, cogent, and convincing evidence that the petitioner is sufficiently mature or able to deal with the decision to have an abortion, the court shall waive the requirement that a parent or guardian of the male provide consent.  If the court does not make the finding specified in this subsection (4)(b) the petition shall be dismissed."

EFFECT:  Requires notification to, and consent of, parents of minor or incompetent father and eliminates coercion for criminal and dependency actions.

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