SENATE BILL REPORT

SB 6664

BYSenators Smith, Craswell, Johnson, Cantu and Stratton

Requiring consent or judicial proceeding prior to permitting minor to obtain abortion.

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):February 3, 1988; February 4, 1988

Majority Report:  Do pass.

      Signed by Senators Deccio, Chairman; Johnson, Vice Chairman; Smith, West.

Minority Report:  Do not pass.

      Signed by Senators Kreidler, Niemi, Wojahn.

Senate Staff:Jennifer Strus (786-7472)

                  February 4, 1988

AS REPORTED BY COMMITTEE ON HEALTH CARE & CORRECTIONS, FEBRUARY 4, 1988

BACKGROUND:

Under the law, a pregnant teenager can obtain an abortion without parental consent or notification.  The concern is that many of these teens are making decisions about abortions without sufficient information or maturity.  As a result, teenage suicides and medical complications caused by the abortion occur.  Requiring the minor to obtain parental or judicial consent before obtaining an abortion will ensure that the abortion is in the best interests of the pregnant teenager.

SUMMARY:

No person can perform an abortion on an unemancipated minor unless the minor and one of her parents or guardians consents in writing.

If the parent/guardian refuses to consent to the abortion or the minor chooses not to seek her parents' consent, the minor must obtain judicial consent before the abortion can be performed.  A hearing on the petition for abortion must be held within three days of the petition's filing.  The court must make a decision on the petition within one day of its submission.

If, after hearing the evidence, the court determines that the minor is sufficiently mature and informed to make that decision, the court must grant the petition.

If the court determines that the minor is not sufficiently mature or informed to make the decision on her own, the court must grant the petition if it finds that such abortion is in the child's best interest.  If the court determines that such abortion would not be in the best interests of the minor then the court must deny the petition.

There is an accelerated appeals process if the minor wishes to appeal the court's decision.

It is a misdemeanor for any person to perform an abortion on an unemancipated, pregnant minor without complying with this section.

Neither the minor nor her parents/guardians shall be required to pay any costs or fees in connection with this process.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Lynn Harsh, Family Action (for); Dottie Roberts, Family Action (for); James Mason, Pierce County Human Life (for); Chris Sprengler, Open Arms (for); Wayne Gibson, Christian Activists Northwest (for); Kay Frank, ACLU/Northwest Women's Law Center (against); Denise Holland, CRC--Operation Teen Respect (against); Dr. Ralph Foster, Physicians for Moral Responsibility (for); Sharon Codesbodti (for); Susan Shaul, Ph.D, Planned Parenthood (against); Joanne Coker (for); Sally Davis (for); Lonnie Johns-Brown, Washington State NOW (against); Donnie Hanson (against)