Maryland 2022 Regular Session

Maryland House Bill HB1167 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1167
6	6
7	7	HOUSE BILL 1167
8	8	J1 2lr2856
9	9
10	10	By: Delegates McComas, Boteler, McKay, and Shoemaker
11	11	Introduced and read first time: February 11, 2022
12	12	Assigned to: Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Public Health – Abortions – Coercion 2
19	19	(Coercive Abuse Against Mothers Prevention Act ) 3
20	20
21	21	FOR the purpose of prohibiting an individual from committing or threatening certain 4
22	22	actions with the intent of coercing a pregnant woman to have an abortion; providing 5
23	23	that a pregnant minor is considered an emancipated minor for purposes of eligibility 6
24	24	for public assistance if the minor is denied financial support from a parent or 7
25	25	guardian due to the minor’s refusal to have an abortion; requiring a health care 8
26	26	facility that performs abortions to post certain signs in certain rooms of the facility; 9
27	27	requiring employees and volunteers of a health care facility that performs abortions 10
28	28	to make a certain report under certain circumstances; requiring physicians to comply 11
29	29	with a certain waiting period before performing an abortion if an employee or 12
30	30	volunteer suspects that a pregnant woman is being coerced into having an abortion; 13
31	31	and generally relating to abortion. 14
32	32
33	33	BY adding to 15
34	34	Article – Health – General 16
35	35	Section 20–217 through 20–223 to be under the new part “Part V. Coercive Actions” 17
36	36	Annotated Code of Maryland 18
37	37	(2019 Replacement Volume and 2021 Supplement) 19
38	38
39	39	Preamble 20
40	40
41	41	WHEREAS, Research indicates that violence against pregnant women is a serious 21
42	42	problem; and 22
43	43
44	44	WHEREAS, Many women repo rt that they were coerced into abortions and have 23
45	45	suffered grievous physical, emotional, psychological, and spiritual harm as a result; and 24
46	46
47	47	WHEREAS, More cases of coerced or attempted coerced abortions are reported if 25
48	48	women are informed of their rights and provided information concerning treatment and 26 2 HOUSE BILL 1167
49	49
50	50
51	51	protection options; and 1
52	52
53	53	WHEREAS, More women receive treatment for coercive abuse if they are informed 2
54	54	of their rights and given information concerning treatment and protection options; and 3
55	55
56	56	WHEREAS, Coercive abuse is a serious women’s health issue because it violates a 4
57	57	woman’s right to physical and emotional health, freedom of conscience, and freedom to 5
58	58	choose whether to continue her pregnancy or have an abortion; now, therefore, 6
59	59
60	60	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
61	61	That the Laws of Maryland read as follows: 8
62	62
63	63	Article – Health – General 9
64	64
65	65	20–215. RESERVED. 10
66	66
67	67	20–216. RESERVED. 11
68	68
69	69	PART V. COERCIVE ACTIONS. 12
70	70
71	71	20–217. 13
72	72
73	73	(A) IN THIS PART THE FOLLOWING WORDS HAVE THE MEANINGS 14
74	74	INDICATED. 15
75	75
76	76	(B) (1) “ABORTION” MEANS THE ACT OF USI NG OR PRESCRIBING AN 16
77	77	INSTRUMENT , A MEDICINE, A DRUG, OR ANY OTHER SUBSTAN CE, DEVICE, OR MEANS 17
78	78	WITH THE INTENT TO T ERMINATE THE CLINICA LLY DIAGNOSABLE PREG NANCY OF A 18
79	79	WOMAN, WITH KNOWLEDGE THAT THE TERMINATION BY T HOSE MEANS WILL WITH 19
80	80	REASONABLE LIKELIHOO D CAUSE THE DEATH OF THE UNBORN CHILD . 20
81	81
82	82	(2) “ABORTION” DOES NOT INCLUDE THE USE OR PRESCRIPTION OF 21
83	83	AN INSTRUMENT , A MEDICINE, A DRUG, OR ANY OTHER SUBSTAN CE, DEVICE, OR 22
84	84	MEANS IF USED OR PRE SCRIBED TO: 23
85	85
86	86	(I) SAVE THE LIFE OR PRES ERVE THE HEALTH OF A N UNBORN 24
87	87	CHILD; 25
88	88
89	89	(II) REMOVE A DEAD UNBORN CHILD RESULTING FROM 26
90	90	SPONTANEOUS PREGNANC Y LOSS; 27
91	91
92	92	(III) REMOVE AN ECTOPIC PRE GNANCY; OR 28
93	93
94	94	(IV) TREAT A MATERNAL DISE ASE OR ILLNESS FOR WHICH THE 29 HOUSE BILL 1167 3
95	95
96	96
97	97	PRESCRIBED DRUG IS I NDICATED. 1
98	98
99	99	(C) “HEALTH CARE FACILITY ” HAS THE MEANING STAT ED IN § 19–114 OF 2
100	100	THIS ARTICLE. 3
101	101
102	102	20–218. 4
103	103
104	104	(A) AN INDIVIDUAL WHO KNOWS OR SUSPECT S THAT A WOMAN IS PREG NANT 5
105	105	MAY NOT ENGAGE , OR CONSPIRE WITH ANO THER INDIVIDUAL TO ENGAGE, IN THE 6
106	106	FOLLOWING CONDUCT WI TH THE INTENT OF DIR ECTING THE PREGNANT WOMAN TO 7
107	107	HAVE AN ABORTION , BASED ON THE PREGNANT WOMAN DISREGARDING O R 8
108	108	REFUSING THE INDIVIDUAL’S DEMAND THAT SHE SE EK AN ABORTION : 9
109	109
110	110	(1) COMMITTING, ATTEMPTING TO COMMIT , OR THREATENING TO 10
111	111	COMMIT PHYSICAL HARM TO THE PREGNANT WOMAN, UNBORN CHILD , OR ANOTHER 11
112	112	INDIVIDUAL; 12
113	113
114	114	(2) COMMITTING, ATTEMPTING TO COMMIT , OR THREATENING TO 13
115	115	COMMIT A VIOLATION OF THE CRIMINAL LAW ARTICLE; 14
116	116
117	117	(3) REVOKING, ATTEMPTING TO REVOKE , OR THREATENING TO 15
118	118	REVOKE A SCHOLARSHIP AWARDED TO THE PREGNANT WOMAN BY AN INSTITUT ION 16
119	119	OF HIGHER EDUCATION ; 17
120	120
121	121	(4) DISCHARGING, ATTEMPTING TO DISCHA RGE, OR THREATENING 18
122	122	TO DISCHARGE THE PREGNANT WOMAN OR ANOTHER INDIVIDUAL FROM 19
123	123	EMPLOYMENT; 20
124	124
125	125	(5) CHANGING, ATTEMPTING TO CHANGE , OR THREATENING TO 21
126	126	CHANGE THE COMPENSAT ION, TERMS, CONDITIONS, OR PRIVILEGES OF 22
127	127	EMPLOYMENT OF THE PREGNANT WOMAN OR ANOTHER INDIVIDUAL; 23
128	128
129	129	(6) DENYING, ATTEMPTING TO DENY , OR THREATENING TO DE NY ANY 24
130	130	SOCIAL ASSISTANCE THAT A PREGNANT WOMAN HAS APPLIED FOR , HAS BEEN 25
131	131	RECEIVING, OR IS ELIGIBLE FOR; OR 26
132	132
133	133	(7) DENYING, REMOVING, OR THREATENING TO DE NY OR REMOVE 27
134	134	FINANCIAL SUPPORT OR HOUSING FROM A DEPEN DENT OF THE PREGNANT WOMAN. 28
135	135
136	136	(B) AN INDIVIDUAL WHO VIOLATES THIS SECTION IS GUILTY OF A 29
137	137	MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $1,000. 30
138	138
139	139	(C) THE SENTENCE IMPOSED FOR A VIOLATION OF T HIS SECTION SHALL BE 31 4 HOUSE BILL 1167
140	140
141	141
142	142	CONSECUTIVE TO AND NOT CONCURRENT W ITH ANY OTHER SENTENCE IMPOSED 1
143	143	FOR ANY CRIME BASED ON THE ACT EST ABLISHING THE VIOLAT ION OF THIS 2
144	144	SECTION. 3
145	145
146	146	20–219. 4
147	147
148	148	(A) (1) A WOMAN WHO IS A VICTI M OF A VIOLATION OF § 20–218 OF THIS 5
149	149	SUBTITLE MAY BRING A CIVIL ACTION FOR MONEY DAMAGES AGAINST THE 6
150	150	PERPETRATOR , INCLUDING AN ACTION FOR WRONGFUL DEATH U NDER TITLE 3, 7
151	151	SUBTITLE 9 OF THE COURTS ARTICLE IF APPLICABLE. 8
152	152
153	153	(2) AN ACTION MAY BE BROU GHT UNDER THIS SECTI ON WITHOUT 9
154	154	REGARD TO: 10
155	155
156	156	(I) WHETHER AN ABORTION WAS ACTUALL Y PERFORMED ; 11
157	157
158	158	(II) WHETHER THE DEFENDANT WAS CRIMINALLY 12
159	159	PROSECUTED ; OR 13
160	160
161	161	(III) THE OUTCOME OF ANY CR IMINAL PROSECUTION . 14
162	162
163	163	(3) A WOMAN WHO IS SUCCESSFUL IN A CIVIL ACTION UNDER THIS 15
164	164	SUBSECTION IS ENTITLED TO REASONABLE ATTORN EY’S FEES. 16
165	165
166	166	(B) (1) A PREGNANT WOMAN WHO I S THE VICTIM OF A VI OLATION OF § 17
167	167	20–218 OF THIS SUBTITLE MAY BRING AN ACTION IN CIRCUIT CO URT SEEKING TO 18
168	168	PREVENT THE PERPETRATOR FROM COMMITTING A SUBSEQUENT VIOLATION OR 19
169	169	CEASE AN ONGOING VIO LATION OF § 20–218 OF THIS SUBTITLE. 20
170	170
171	171	(2) IN AN ACTION BROUGHT UNDER PARAGRAPH (1) OF THIS 21
172	172	SUBSECTION, THE COURT SHALL : 22
173	173
174	174	(I) PROVIDE THE PREGNANT W OMAN WITH COUNSEL IF 23
175	175	REQUESTED ; 24
176	176
177	177	(II) GIVE THE MATTER EXPED ITED CONSIDERATIO N; AND 25
178	178
179	179	(III) GRANT ANY RELIEF NECESSARY TO PREVENT FURTHER 26
180	180	VIOLATION OR CEASE A N ONGOING VIOLATION OF § 20–218 OF THIS SUBTITLE. 27
181	181
182	182	20–220. 28
183	183
184	184	(A) IF A MINOR IS DENIED FINANCIAL SUPPORT FR OM A PARENT , 29 HOUSE BILL 1167 5
185	185
186	186
187	187	GUARDIAN, OR CUSTODIAN DUE TO THE MINOR’S REFUSAL TO HAVE AN ABORTION, 1
188	188	THE MINOR SHALL BE C ONSIDERED AN EMANCIP ATED MINOR FOR PURPO SES OF 2
189	189	ELIGIBILITY FOR PUBL IC ASSISTANCE BENEFI TS. 3
190	190
191	191	(B) ANY PUBLIC ASSISTANCE BENEFITS PROVIDED TO A MINOR 4
192	192	EMANCIPATED UNDER THIS SECTION M AY NOT BE USED TO OB TAIN AN ABORTION . 5
193	193
194	194	20–221. 6
195	195
196	196	AS A CONDITION OF LIC ENSURE, A HEALTH CARE FACILITY THAT PERFOR MS 7
197	197	ABORTIONS SHALL POST SIGNS CONSPICUOUSLY IN A WAITING ROOM , 8
198	198	CONSULTATION ROOM , AND PROCEDURE ROOM STATING THE FOLLOWING: 9
199	199
200	200	“IT IS AGAINST THE LAW FOR ANYONE , REGARDLESS OF HIS OR HER 10
201	201	RELATIONSHIP TO YOU , TO FORCE YOU TO HAVE AN ABORTION . YOU HAVE THE 11
202	202	RIGHT TO CONTACT ANY STATE OR LOCAL LAW ENFORCEMEN T OR SOCIAL SERVICE 12
203	203	AGENCY TO RECEIVE PR OTECTION FROM ANY AC TUAL OR THREATENED PHYSIC AL, 13
204	204	EMOTIONAL, OR PSYCHOLOGICAL ABU SE. IT IS AGAINST THE LAW TO PERFORM , 14
205	205	INDUCE, PRESCRIBE FOR , OR PROVIDE YOU WITH THE MEANS FOR AN ABO RTION 15
206	206	WITHOUT YOUR VOLUNTA RY CONSENT.”. 16
207	207
208	208	20–222. 17
209	209
210	210	(A) BEFORE PERFORMING AN ABORTI ON, A PHYSICIAN SHALL, IN A PRIVATE 18
211	211	ROOM: 19
212	212
213	213	(1) ASK THE PREGNANT WOMAN IF SHE IS BEING COER CED, 20
214	214	THREATENED , OR FORCED TO HAVE AN ABORTION; 21
215	215
216	216	(2) OFFER TO PROVIDE THE PREGNANT WOMAN WITH INFORMATION 22
217	217	ABOUT ASSISTANCE , COUNSELING , AND PROTECTIVE SERVI CES OFFERED BY SOCIA L 23
218	218	SERVICES AND LAW ENF ORCEMENT AGENCIES ; 24
219	219
220	220	(3) PROVIDE THE PREGNANT WOMAN WITH A TELEPHO NE THAT SHE 25
221	221	MAY USE TO MAKE A PR IVATE PHONE CALL ; AND 26
222	222
223	223	(4) PROVIDE THE PREGNANT WOMAN WITH AN ALTERN ATIVE EXIT 27
224	224	FROM THE FACILITY . 28
225	225
226	226	(B) (1) AN EMPLOYEE OR A VOLUNTEER OF A HEALTH CARE FACILITY 29
227	227	WHO KNOWS, ALLEGES, OR SUSPECT S A PREGNANT WOMAN TO BE A VICTIM OF A 30
228	228	VIOLATION OF § 20–218 OF THIS SUBTITLE PERSONALLY SHALL MAKE A REPORT TO 31
229	229	A LOCAL LAW ENFORCEMENT AGEN CY WITHIN 48 HOURS AFTER THE DISCOVERY OF 32 6 HOUSE BILL 1167
230	230
231	231
232	232	THE KNOWLEDGE , ALLEGATION, OR SUSPICION. 1
233	233
234	234	(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 2
235	235	SUBSECTION SHALL CONTAIN : 3
236	236
237	237	(I) THE NAME AND ADDRESS OF THE PREGNANT WOMAN; 4
238	238
239	239	(II) IF THE PREGNANT WOMAN IS A MINOR, THE NAME AND 5
240	240	ADDRESS OF A PARENT OR GUARDIAN OF THE M INOR; AND 6
241	241
242	242	(III) ANY RELEVANT INFORMATION THE EMPLOYEE OR 7
243	243	VOLUNTEER HAS RELATING TO THE KNOWN, ALLEGED, OR SUSPECTED COERCIO N. 8
244	244
245	245	(3) IF AN EMPLOYEE OR VOL UNTEER KNOWS, ALLEGES, OR SUSPECTS 9
246	246	THAT A PREGNANT WOMA N IS A VICTIM OF A VIOLATION OF § 20–218 OF THIS 10
247	247	SUBTITLE, A PHYSICIAN SHALL ORAL LY INFORM THE PREGNA NT WOMAN THAT: 11
248	248
249	249	(I) COERCION IS PROHIBITED UNDER § 20–218 OF THIS 12
250	250	SUBTITLE; 13
251	251
252	252	(II) THE PREGNANT WOMAN MAY HAVE LEGAL REMED IES; AND 14
253	253
254	254	(III) A REQUEST OR DEMAND FOR AN ABORTION MADE BY THE 15
255	255	FATHER OF THE UNBORN CHILD DOES NOT RELI EVE THE FATHER OF HIS FINANCIAL 16
256	256	SUPPORT RESPONSIBILI TIES. 17
257	257
258	258	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 18
259	259	PHYSICIAN MAY NOT PER FORM AN ABORTION ON A PREGNANT WOMAN WHO IS 19
260	260	KNOWN, ALLEGED, OR SUSPECTED TO BE A VICTIM OF A VIOLATION OF § 20–218 OF 20
261	261	THIS SUBTITLE WITHIN 24 HOURS AFTER THE LATER OF: 21
262	262
263	263	(I) THE DISCOVERY OF THE KNOWLEDGE , SUSPICION, OR 22
264	264	ALLEGATION; OR 23
265	265
266	266	(II) INFORMING THE PREGNANT WOMAN OF HER RIGHTS UNDER 24
267	267	SUBSECTION S (A) AND (B)(3) OF THIS SECTION. 25
268	268
269	269	(2) THE 24–HOUR WAITING PERIOD REQUIRED UNDER PARAG RAPH 26
270	270	(1) OF THIS SUBSECTION M AY BE WAIVED IF , IN THE PHYSICIAN ’S BEST MEDICAL 27
271	271	JUDGMENT, AN ABORTION IS NECES SARY TO PREVENT THE DEATH OF THE 28
272	272	PREGNANT WOMAN OR SUBSTANTIAL AND IRREVERSIBLE INJ URY TO ONE OF THE 29
273	273	PREGNAN T WOMAN’S MAJOR BODILY FUNCT IONS. 30
274	274	HOUSE BILL 1167 7
275	275
276	276
277	277	(D) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 1
278	278	AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $500. 2
279	279
280	280	(E) A HEALTH CARE FACILITY MAY NOT EMPLOY AN IN DIVIDUAL OR ALLOW 3
281	281	AN INDIVIDUAL TO VOL UNTEER IF THE INDIVI DUAL HAS COMMITTED A VIOLATION 4
282	282	OF THIS SECTION. 5
283	283
284	284	20–223. 6
285	285
286	286	ON THE REQUEST OF THE INDIV IDUAL REPORTING AN ALLEGED VIOLATION 7
287	287	OF § 20–218 OR § 20–222 OF THIS SUBTITLE, A LAW ENFORCEMENT AG ENCY SHALL 8
288	288	NOTIFY THE INDIVIDUA L MAKING THE REPORT AT LEAST 24 HOURS BEFORE THE 9
289	289	LAW ENFORCEMENT AGEN CY’S INITIAL CONTACT WITH THE ALLEGED VIOLATOR . 10
290	290
291	291	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effe ct 11
292	292	October 1, 2022. 12