EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1043*
HOUSE BILL 1043
J1 3lr2261
CF SB 832
By: Delegates McComas and Wivell
Introduced and read first time: February 10, 2023
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Pregnancy – Coercion 2
(Coercive Abuse Against Mothers Prevention Act) 3
FOR the purpose of prohibiting an individual from committing or threatening certain 4
actions with the intent of coercing a pregnant woman to have an abortion; providing 5
that a pregnant minor is considered an emancipated minor for purposes of eligibility 6
for public assistance if the minor is denied financial support from a parent or 7
guardian due to the minor’s refusal to have an abortion; requiring a health care 8
facility that performs abortions to post certain signs in certain rooms of the facility; 9
requiring employees and volunteers of a health care facility that performs abortions 10
to make a certain report under certain circumstances; requiring health care 11
providers to comply with a certain waiting period before performing an abortion if 12
an employee or a volunteer suspects that a pregnant woman is being coerced into 13
having an abortion; and generally relating to abortion. 14
BY adding to 15
Article – Health – General 16
Section 20–217 through 20–224 to be under the new part “Part V. Coercive Actions” 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2022 Supplement) 19
Preamble 20
WHEREAS, Research indicates that violence against pregnant women is a serious 21
problem; and 22
WHEREAS, Many women report that they were coerced into abortions and have 23
suffered grievous physical, emotional, psychological, and spiritual harm as a result; and 24
WHEREAS, Victims of sex trafficking are often coerced into abortions due to the 25
circumstances of sex trafficking; and 26 2 HOUSE BILL 1043
WHEREAS, More cases of coerced or attempted coerced abortions are reported if 1
women are informed of their rights and provided information concerning treatment and 2
protection options; and 3
WHEREAS, More women and victims of sex trafficking can receive treatment for 4
coercive abuse if they are informed of their rights and given information concerning 5
treatment and protection options; and 6
WHEREAS, Coercive abuse is a serious women’s health issue because it violates a 7
woman’s right to physical and emotional health, freedom of conscience, and freedom to 8
choose whether to continue her pregnancy or have an abortion; now, therefore, 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Health – General 12
20–215. RESERVED. 13
20–216. RESERVED. 14
PART V. COERCIVE ACTIONS. 15
20–217. 16
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(B) (1) “ABORTION” MEANS THE ACT OF USI NG OR PRESCRIBING AN 19
INSTRUMENT , A MEDICINE, A DRUG, OR ANY OTHER SUBSTAN CE, DEVICE, OR MEANS 20
WITH THE INTENT TO T ERMINATE THE CLINICA LLY DIAGNOSABLE PREG NANCY OF A 21
WOMAN, WITH KNOWLEDGE THAT THE TERMINATION BY T HOSE MEANS WILL WITH 22
REASONABLE LIKELIHOOD CAUSE THE DEATH OF T HE UNBORN CHILD . 23
(2) “ABORTION” DOES NOT INCLUDE THE USE OR PRESCRIPTION OF 24
AN INSTRUMENT , A MEDICINE, A DRUG, OR ANY OTHER SUBSTAN CE, DEVICE, OR 25
MEANS IF USED OR PRE SCRIBED TO: 26
(I) SAVE THE LIFE OR PRES ERVE THE HEALTH OF AN UNBO RN 27
CHILD; 28
(II) REMOVE A DEAD UNBORN CHILD RESULTING FROM 29
SPONTANEOUS PREGNANC Y LOSS; 30
HOUSE BILL 1043 3
(III) REMOVE AN ECTOPIC PRE GNANCY; OR 1
(IV) TREAT A MATERNAL DISE ASE OR ILLNESS FOR W HICH THE 2
PRESCRIBED DRUG IS I NDICATED. 3
(C) “HEALTH CARE FACILITY” HAS THE MEANING STAT ED IN § 19–114 OF 4
THIS ARTICLE. 5
(D) “SEX TRAFFICKING ” MEANS THE RECRUITMEN T, HARBORING, 6
TRANSPORTATION , PROVISION, OBTAINING, PATRONIZING, OR SOLICITING OF AN 7
INDIVIDUAL FOR THE P URPOSE OF A COMMERCI AL SEX ACT THAT IS: 8
(1) INDUCED BY FORCE , FRAUD, OR COERCION ; OR 9
(2) PERFORMED BY A MINOR . 10
(E) “VICTIM OF SEX TRAFFIC KING” MEANS AN INDIVIDUAL SUBJECTED TO 11
AN ACT OR THE PRACTI CE OF SEX TRAFFICKIN G. 12
20–218. 13
(A) AN INDIVIDUAL WHO KNO WS OR SUSPECTS THAT A WOMAN IS PREGNANT 14
MAY NOT ENGAGE , OR CONSPIRE WITH ANO THER INDIVIDUAL TO E NGAGE, IN THE 15
FOLLOWING CONDUCT WI TH THE INTENT OF DIR ECTING THE PREGNANT WOMAN TO 16
HAVE AN ABORTION , BASED ON THE PREGNAN T WOMAN DISREGARDING OR 17
REFUSING THE INDIVID UAL’S DEMAND THAT SHE SE EK AN ABORTION: 18
(1) COMMITTING, ATTEMPTING TO COMMIT , OR THREATENING TO 19
COMMIT PHYSICAL HARM TO THE PREGNANT WOMA N, UNBORN CHILD , OR ANOTHER 20
INDIVIDUAL; 21
(2) COMMITTING, ATTEMPTING TO COMMIT , OR THREATENING TO 22
COMMIT A VIOLATION O F THE CRIMINAL LAW ARTICLE; 23
(3) REVOKING, ATTEMPTING TO REVOKE , OR THREATENING TO 24
REVOKE A SCHOLARSHIP AWARDED TO THE PREGN ANT WOMAN BY AN INST ITUTION 25
OF HIGHER EDUCATION ; 26
(4) DISCHARGING, ATTEMPTING TO DISCHA RGE, OR THREATENING 27
TO DISCHARGE THE PRE GNANT WOMAN OR ANOTH ER INDIVIDUAL FROM 28
EMPLOYMENT ; 29
(5) CHANGING, ATTEMPTING TO CHANGE , OR THREATENING TO 30 4 HOUSE BILL 1043
CHANGE THE COMPENSAT ION, TERMS, CONDITIONS, OR PRIVILEGES OF 1
EMPLOYMENT OF THE PR EGNANT WOMAN OR ANOT HER INDIVIDUAL ; 2
(6) DENYING, ATTEMPTING TO DENY , OR THREATENING TO D ENY ANY 3
SOCIAL ASSISTANCE TH AT A PREGNANT WOMAN HAS APPLIED FOR , HAS BEEN 4
RECEIVING, OR IS ELIGIBLE FOR; 5
(7) DENYING, REMOVING, OR THREATENING TO DE NY OR REMOVE 6
FINANCIAL SUPPORT OR HOUSING FROM A DEPEN DENT OF THE PREGNANT WOMAN; 7
(8) SELLING, ATTEMPTING TO SELL , OR THREATENING TO SE LL THE 8
PREGNANT WOMAN INTO SEX TRAFFICKING ; 9
(9) FORCING, ATTEMPTING TO FORCE , OR THREATENING TO FO RCE 10
THE PREGNANT WOMAN T O CONTINUE TO ENGAGE IN SEX TRAFFICKING ; 11
(10) SELLING, ATTEMPTING TO SELL , OR THREATENIN G TO SELL THE 12
PREGNANT WOMAN TO AN OTHER INDIVIDUAL FOR THE PURPOSE OF SEX 13
TRAFFICKING; 14
(11) FORCING, ATTEMPTING TO FORCE , OR THREATENING TO FO RCE 15
THE PREGNANT WOMAN T O MOVE TO ANOTHER CI TY, STATE, OR COUNTRY, AGAINST 16
HER WILL; 17
(12) SELLING, ATTEMPTIN G TO SELL, OR THREATENING TO SE LL THE 18
UNBORN BABY OF THE P REGNANT WOMAN INTO S EX TRAFFICKING ONCE THE 19
UNBORN BABY IS BORN ; OR 20
(13) SEPARATING, ATTEMPTING TO SEPARA TE, OR THREATENING TO 21
SEPARATE THE PREGNAN T WOMAN FROM THE UNB ORN BABY ONCE THE UN BORN 22
BABY IS BORN. 23
(B) AN INDIVIDUAL WHO VIO LATES THIS SECTION I S GUILTY OF A 24
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO A FINE NOT EXCEED ING $1,000. 25
(C) THE SENTENCE IMPOSED FOR A VIOLATION OF T HIS SECTION SHALL BE 26
CONSECUTIVE TO AND N OT CONCURRENT WITH A NY OTHER SENTENCE IMPOS ED 27
FOR ANY CRIME BASED ON THE ACT ESTABLISH ING THE VIOLATION OF THIS 28
SECTION. 29
20–219. 30
(A) (1) A WOMAN WHO IS A VICTI M OF A VIOLATION OF § 20–218 OF THIS 31 HOUSE BILL 1043 5
SUBTITLE MAY BRING A CIVIL ACTION FOR MON EY DAMAGES AGAINST T HE 1
PERPETRATOR , INCLUDING AN ACTION FO R WRONGFUL DEATH UND ER TITLE 3, 2
SUBTITLE 9 OF THE COURTS ARTICLE IF APPLICABLE . 3
(2) AN ACTION MAY BE BROU GHT UNDER THIS SECTI ON WITHOUT 4
REGARD TO: 5
(I) WHETHER AN ABORTION W AS ACTUALLY PERFORME D; 6
(II) WHETHER THE DEFENDANT WAS CRIMINALLY 7
PROSECUTED ; OR 8
(III) THE OUTCOME OF ANY CR IMINAL PROSECUTION . 9
(3) A WOMAN WHO IS SUCCESS FUL IN A CIVIL ACTIO N UNDER THIS 10
SUBSECTION IS ENTITL ED TO REASONABLE ATT ORNEY’S FEES. 11
(B) (1) A PREGNANT WOMAN WHO I S THE VICTIM OF A VI OLATION OF § 12
20–218 OF THIS SUBTITLE MAY BRING AN ACTION IN C IRCUIT COURT SEEKING TO 13
PREVENT THE PERPETRA TOR FROM COMMITTING A SUBSEQUENT VIOLATI ON OR 14
CEASE AN ONGOING VIO LATION OF § 20–218 OF THIS SUBTITLE. 15
(2) IN AN ACTION BROUGHT UNDER PARAGRAPH (1) OF THIS 16
SUBSECTION, THE COURT SHALL : 17
(I) PROVIDE THE PREGNANT WOMAN WITH COUNSEL I F 18
REQUESTED ; AND 19
(II) GRANT ANY RELIEF NECE SSARY TO PREVENT FUR THER 20
VIOLATION OR CEASE A N ONGOING VIOLATION OF § 20–218 OF THIS SUBTITLE. 21
20–220. 22
(A) IF A MINOR IS DENIED FINANCIAL SUPPORT FR OM A PARENT , 23
GUARDIAN, OR CUSTODIAN DUE TO THE MINOR’S REFUSAL TO HAVE AN ABORTION, 24
THE MINOR SHALL BE C ONSIDERED AN EMANCIP ATED MINOR FOR PURPO SES OF 25
ELIGIBILITY FOR PUBL IC ASSISTANCE BENEFITS. 26
(B) ANY PUBLIC ASSISTANCE BENEFITS PROVIDED TO A MINOR 27
EMANCIPATED UNDER TH IS SECTION MAY NOT B E USED TO OBTAIN AN ABORTION. 28
20–221. 29
6 HOUSE BILL 1043
AS A CONDITION OF LIC ENSURE, A HEALTH CARE FACILI TY THAT PERFORMS 1
ABORTIONS SHALL : 2
(1) POST SIGNS CONSPICUOUSLY IN A W AITING ROOM , 3
CONSULTATION ROOM , AND PROCEDURE ROOM S TATING THE FOLLOWING : 4
“IT IS AGAINST THE LAW FOR ANYONE , REGARDLESS OF HIS OR HER 5
RELATIONSHIP TO YOU , TO FORCE YOU TO HAVE AN ABORTION . YOU HAVE THE 6
RIGHT TO CONTACT ANY STATE OR LOCAL LAW ENFORCEMENT OR SOCIAL SERVICE 7
AGENCY TO RECEIVE PR OTECTION FROM ANY AC TUAL OR THREATENED P HYSICAL, 8
EMOTIONAL, OR PSYCHOLOGICAL ABU SE. IT IS AGAINST THE LAW TO PERFORM , 9
INDUCE, PRESCRIBE FOR , OR PROVIDE YOU WITH THE MEANS FOR AN ABO RTION 10
WITHOUT YOU R VOLUNTARY CONSENT .”; AND 11
(2) POST CONSPICUOUS SIGN S IN A WAITING ROOM , CONSULTATION 12
ROOM, AND PROCEDURE ROOM T HAT INCLUDE: 13
(I) INFORMATION ON HOW TO REPORT SEX TRAFFICKI NG AND 14
A STATEMENT THAT VIC TIMS OF HUMAN TRAFFI CKING ARE PROTECTED UNDER 15
INTERNATIONAL , FEDERAL, AND STATE LAW; AND 16
(II) INFORMATION AND VISUA L REPRESENTATION ON HOW TO 17
USE AMERICAN SIGN LANGUAGE TO INDICATE THAT THE PREGNANT WO MAN IS 18
BEING SEX TRAFFICKED . 19
20–222. 20
(A) BEFORE PERFORMING AN ABORTION OR DISPENSI NG AN 21
ABORTION–INDUCING DRUG , A HEALTH CARE PROVID ER SHALL, IN A PRIVATE 22
ROOM: 23
(1) ASK THE PREGNANT WOMA N IF SHE IS BEING CO ERCED, 24
THREATENED , OR FORCED TO HAVE AN ABORTION; 25
(2) ASK THE PREGNANT WOMA N IF SHE IS BEING SEX TRAFFICKED; 26
(3) OFFER TO PROVIDE THE PREGNANT WOMAN WITH INFORMATION 27
ABOUT ASSISTANCE , COUNSELING , AND PROTECTIVE SERVI CES OFFERED BY SOCIA L 28
SERVICES AND LAW ENF ORCEMENT AGENCIES ; 29
(4) PROVIDE THE PREGNANT WOMAN WITH A TELEPHO NE THAT SHE 30
MAY USE TO MAKE A PR IVATE PHONE CALL ; AND 31
HOUSE BILL 1043 7
(5) PROVIDE THE PREGNANT W OMAN WITH AN ALTERNA TIVE EXIT 1
FROM THE FACILITY . 2
(B) (1) AN EMPLOYEE OR A VOLU NTEER OF A HEALTH CA RE FACILITY 3
WHO KNOWS , ALLEGES, OR SUSPECTS A PREGNA NT WOMAN TO BE A VIC TIM OF A 4
VIOLATION OF § 20–218 OF THIS SUBTITLE PER SONALLY SHAL L MAKE A REPORT TO 5
A LOCAL LAW ENFORCEM ENT AGENCY WITHIN 48 HOURS AFTER THE DISC OVERY OF 6
THE KNOWLEDGE , ALLEGATION, OR SUSPICION. 7
(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 8
SUBSECTION SHALL CON TAIN: 9
(I) THE NAME AND ADDRESS OF THE PREGNANT WOMAN; 10
(II) IF THE PREGNANT WOMAN IS A MINOR, THE NAME AND 11
ADDRESS OF A PARENT OR GUARDIAN OF THE M INOR; AND 12
(III) ANY RELEVANT INFORMAT ION THE EMPLOYEE OR 13
VOLUNTEER HAS RELATI NG TO THE KNOWN , ALLEGED, OR SUSPECTED COERCIO N. 14
(3) IF AN EMPLOYEE OR A V OLUNTEER KNOWS , ALLEGES, OR 15
SUSPECTS THAT A PREG NANT WOMAN IS A VICT IM OF A VIOLATION OF § 20–218 OF 16
THIS SUBTITLE, A HEALTH CARE PROVID ER SHALL ORALLY INFO RM THE PREGNANT 17
WOMAN THAT : 18
(I) COERCION IS PROHIBITE D UNDER § 20–218 OF THIS 19
SUBTITLE; 20
(II) THE PREGNANT WOMAN MA Y HAVE LEGAL REMEDIE S; AND 21
(III) A REQUEST OR DEMAND FO R AN ABORTION MADE B Y THE 22
FATHER OF THE UNBORN CHILD DOES NOT RELIE VE THE FATHER OF HIS FINANCIAL 23
SUPPORT RESPONSIBILI TIES. 24
(C) (1) EXCEPT AS PROVID ED IN PARAGRAPH (2) OF THIS SUBSECTION , A 25
HEALTH CARE PROVIDER MAY NOT PERFORM AN A BORTION ON A PREGNAN T WOMAN 26
WHO IS KNOWN , ALLEGED, OR SUSPECTED TO BE A VICTIM OF A VIOLATIO N OF § 27
20–218 OF THIS SUBTITLE WIT HIN 24 HOURS AFTER THE LATE R OF: 28
(I) THE DISCOVERY OF THE KNOW LEDGE, ALLEGATION, OR 29
SUSPICION; OR 30
(II) INFORMING THE PREGNAN T WOMAN OF HER RIGHT S UNDER 31 8 HOUSE BILL 1043
SUBSECTIONS (A) AND (B)(3) OF THIS SECTION. 1
(2) THE 24–HOUR WAITING PERIOD REQUIRED UNDER PARAG RAPH 2
(1) OF THIS SUBSECTION M AY BE WAIVED I F, IN A PHYSICIAN’S BEST MEDICAL 3
JUDGMENT, AN ABORTION IS NECES SARY TO PREVENT THE DEATH OF THE 4
PREGNANT WOMAN OR SU BSTANTIAL AND IRREVE RSIBLE INJURY TO ONE OF THE 5
PREGNANT WOMAN ’S MAJOR BODILY FUNCT IONS. 6
(D) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 7
AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING $500. 8
(E) A HEALTH CARE FACILITY MAY NOT EMPLOY AN IN DIVIDUAL OR ALLOW 9
AN INDIVIDUAL TO VOL UNTEER IF THE INDIVI DUAL HAS COMMITTED A VIOLATION 10
OF THIS SECTION. 11
20–223. 12
ON THE REQUE ST OF THE INDIVIDUAL REPORTING AN ALLEGED VIOLATION 13
OF § 20–218 OR § 20–222 OF THIS SUBTITLE , A LAW ENFORCEMENT AG ENCY SHALL 14
NOTIFY THE INDIVIDUA L MAKING THE REPORT AT LEAST 12 HOURS BEFORE THE 15
LAW ENFORCEMENT AGEN CY’S INITIAL CONTACT WI TH THE ALLEGED VIOL ATOR. 16
20–224. 17
THIS PART MAY NOT BE CONSTRUED TO ALTER EXISTING CR IMINAL LAW 18
REGARDING CRIMES ARI SING FROM SEX TRAFFI CKING. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2023. 21