AN ACT Relating to abortions for minors; amending RCW 9.02.070; adding new sections to chapter 9.02 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 2, chapter 3, Laws of 1970 ex. sess. and RCW 9.02.070 are each amended to read as follows:

A pregnancy of a woman not quick with child and not more than four lunar months after conception may be lawfully terminated under RCW 9.02.060 through 9.02.090 only: (a) with her prior consent and, if married and residing with her husband ((~~or unmarried and under the age of eighteen years~~)), with the prior consent of her husband ((~~or legal guardian, respectively~~)), (b) if the woman has resided in this state for at least ninety days prior to the date of termination, and (c) in a hospital accredited by the Joint Commission on Accreditation of Hospitals or at a medical facility approved for that purpose by the state board of health, which facility meets standards prescribed by regulations to be issued by the state board of health for the safe and adequate care and treatment of patients: PROVIDED, That if a physician determines that termination is immediately necessary to meet the medical emergency the pregnancy may be terminated elsewhere. Any physician who violates this section or any regulation of the state board of health issued under authority of this section shall be guilty of a gross misdemeanor.

NEW SECTION. Sec. 2. A minor may give consent to the furnishing of hospital, medical, and surgical care related to the prevention or treatment of pregnancy, and that consent shall not be subject to disaffirmance because of minority. The consent of the parent or parents of such minor shall not be necessary in order to authorize the hospital, medical, and surgical care.

This section shall not be construed to authorize a minor to be sterilized without the consent of his or her parent or guardian or to authorize a minor to receive an abortion without the consent of a parent or guardian other than as provided in section 3 of this act.

NEW SECTION. Sec. 3. (1) Except in a medical emergency requiring immediate medical action, no abortion shall be performed upon an unmarried minor unless she first has given her written consent to the abortion and also has obtained the written consent of one of her parents or legal guardian.

(2) If one or both of a pregnant minor's parents or her guardian refuse to consent to the performance of an abortion, or if the minor elects not to seek the consent of one or both of her parents or her guardian, a pregnant minor may file a petition with the juvenile court. The court shall assist the minor or person designated by the minor in preparing the petition and notices required under this section. The petition shall set forth with specificity the minor's reasons for the request. The court shall ensure that the minor's identity is confidential. The minor may file the petition using only her initials or a pseudonym. A pregnant minor may participate in the proceedings in juvenile court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court-appointed counsel upon request. The hearing shall be set within three days of the filing of the petition. A notice shall be given to the minor of the date, time, and place of the hearing on the petition.

(3) At the hearing on a minor's petition brought under this section for the authorization of an abortion, the court shall consider all evidence duly presented and order either of the following:

(a) If the court finds that the minor is sufficiently mature and sufficiently informed to make the decision on her own regarding an abortion, and that the minor has, on that basis, consented thereto, the court shall grant the petition.

(b) If the court finds that the minor is not sufficiently mature and sufficiently informed to make the decision on her own regarding an abortion, the court shall then consider whether performance of the abortion would be in the best interest of the minor. In the event that the court finds that the performance of the abortion would be in the minor's best interest, the court shall grant the petition ordering the performance of the abortion without consent of, or notice to, the parents or guardian. In the event that the court finds that the performance of the abortion is not in the best interest of the minor, the court shall deny the petition.

Judgment shall be entered within one court day of submission of the matter.

(4) The minor may appeal the judgment of the juvenile court by filing a written notice of appeal at any time after the entry of the judgment. The supreme court shall prescribe, by rule, the practice and procedure on appeal and the time and manner in which any record on appeal shall be prepared and filed. These procedures shall require that the notice of the date, time, and place of hearing, which shall be set within five court days of the filing of notice of appeal, shall be mailed to the parties by the clerk of the court. The appellate court shall ensure that the minor's identity is confidential. The minor may file the petition using only her initials or a pseudonym. Judgment on appeal shall be entered within one court day of submission of the matter.

(5) No fees or costs incurred in connection with the procedures required by this section shall be chargeable to the minor or her parents, or either of them, or to her legal guardian.

NEW SECTION. Sec. 4. It is a misdemeanor, punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail of up to thirty days, or both, for any person to knowingly perform an abortion on an unmarried minor without complying with the requirements of this section.

NEW SECTION. Sec. 5. Sections 2 through 4 of this act are each added to chapter 9.02 RCW.