EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0832*
SENATE BILL 832
J1 3lr2259
HB 1167/22 – HGO CF 3lr2261
By: Senators Carozza, Ready, Gallion, Salling, and Folden
Introduced and read first time: February 6, 2023
Assigned to: Finance
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 SENATE BILL 832
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 CL INICALLY DIAGNOSABLE PREGNANCY OF A 21
WOMAN, WITH KNOWLEDGE THAT THE TERMINATION BY T HOSE MEANS WILL WITH 22
REASONABLE LIKELIHOO D CAUSE THE DEATH OF THE 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 A N UNBORN 27
CHILD; 28
(II) REMOVE A DEAD UNBORN CHILD RESULTING FROM 29
SPONTANEOUS PREGNANC Y LOSS; 30
SENATE BILL 832 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 PRACTICE OF S EX TRAFFICKING . 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 SENATE BILL 832
CHANGE THE COMPENSAT ION, TERMS, CONDITIONS, OR PRIVILEGES OF 1
EMPLOYMENT OF THE PREGNANT WOMAN OR ANOTHER IND IVIDUAL; 2
(6) DENYING, ATTEMPTING TO DENY , OR THREATENING TO DE NY 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 D ENY 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 TO CO NTINUE TO ENGAGE IN SEX TRAFFICKING ; 11
(10) SELLING, ATTEMPTING TO SELL , OR THREATENING TO SE LL 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, ATTEMPTING 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 SEPARATE , 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 IM POSED 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 SENATE BILL 832 5
SUBTITLE MAY BRING A CIVIL ACTION FOR MON EY DAMAGES AGAINST T HE 1
PERPETRATOR , INCLUDING AN ACTION FOR WRONGFUL DEATH U NDER TITLE 3, 2
SUBTITLE 9 OF THE COURTS ARTICLE IF APPLICABLE . 3
(2) AN ACTION MAY BE BROUGHT UNDER THIS SECTION 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 T HE PERPETRATOR FROM COMMITTING A SUBSEQU ENT VIOLATION 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 : AND 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 ABORTI ON, 24
THE MINOR SHALL BE C ONSIDERED AN EMANCIP ATED MINOR FOR PURPO SES OF 25
ELIGIBILITY FOR PUBL IC ASSISTANCE BENEFI TS. 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 SENATE BILL 832
AS A CONDITION OF LIC ENSURE, A HEALTH CARE FACILI TY THAT PERFORMS 1
ABORTIONS SHALL POST SIGNS CONSPICUOUSLY IN A WAITING ROOM , 2
CONSULTATION ROOM , AND PROCEDURE ROOM S TATING THE FOLLOWING : 3
“IT IS AGAINST THE LAW FOR ANYONE , REGARDLESS O F HIS OR HER 4
RELATIONSHIP TO YOU , TO FORCE YOU TO HAVE AN ABORTION . YOU HAVE THE 5
RIGHT TO CONTACT ANY STATE OR LOCAL LAW EN FORCEMENT OR SOCIAL SERVICE 6
AGENCY TO RECEIVE PR OTECTION FROM ANY AC TUAL OR THREATENED P HYSICAL, 7
EMOTIONAL, OR PSYCHOLOGICAL ABU SE. IT IS AGAINST THE LAW TO PERFORM , 8
INDUCE, PRESCRIBE FOR , OR PROVIDE YOU WITH THE MEANS FOR AN ABO RTION 9
WITHOUT YOUR VOLUNTA RY CONSENT.”; 10
(2) POST CONSPICUOUS SIGN S IN A WAITING ROOM , CONSULTATION 11
ROOM, AND PROCEDURE ROOM T HAT INCLUDE: 12
(I) INFORMATIO N ON HOW TO REPORT SEX TRAFFICKING AND 13
A STATEMENT THAT VICTI MS OF HUMAN TRAFFICK ING ARE PROTECTED UN DER 14
INTERNATIONAL , FEDERAL, AND STATE LAW; AND 15
(II) INFORMATION AND VISUA L REPRESENTATION ON HOW TO 16
USE AMERICAN SIGN LANGUAGE TO INDICATE THAT THE PREGNANT WOMAN IS 17
BEING SEX TRAFFICKED . 18
20–222. 19
(A) BEFORE PERFORMING AN ABORTION OR DISPENSING AN 20
ABORTION–INDUCING DRUG , A HEALTH CARE PROVIDER SHALL, IN A PRIVATE 21
ROOM: 22
(1) ASK THE PREGNANT WOMA N IF SHE IS BEING CO ERCED, 23
THREATENED , OR FORCED TO HAVE AN ABORTION ; 24
(2) ASK THE PREGNANT WOMA N IF SHE IS BEING SEX TRAFFICKED; 25
(3) OFFER TO PROVIDE THE PREGNANT WOMAN WITH INFORMATION 26
ABOUT ASSISTANCE , COUNSELING , AND PROTECTIVE SERVI CES OFFERED BY SOCIA L 27
SERVICES AND LAW ENF ORCEMENT AGENCIES ; 28
(4) PROVIDE THE PREGNANT WOMAN WITH A TELEPHO NE THAT SHE 29
MAY USE TO MAKE A PR IVATE PHONE CALL ; AND 30
(5) PROVIDE THE PREGNANT WOMAN WITH AN ALTERN ATIVE EXIT 31
FROM THE FACILITY . 32 SENATE BILL 832 7
(B) (1) AN EMPLOYEE OR A VOLU NTEER OF A HEALTH CA RE FACILITY 1
WHO KNOWS , ALLEGES, OR SUSPECTS A PREGNA NT WOMAN TO BE A VIC TIM OF A 2
VIOLATION OF § 20–218 OF THIS SUBTITLE PER SONALLY SHALL MAKE A REPORT TO 3
A LOCAL LAW ENFORCEM ENT AGENCY WITHIN 48 HOURS AFTER THE DISC OVERY OF 4
THE KNOWLEDGE , ALLEGATION, OR SUSPICION. 5
(2) THE REPORT REQUIRED UNDER PARAG RAPH (1) OF THIS 6
SUBSECTION SHALL CON TAIN: 7
(I) THE NAME AND ADDRESS OF THE PREGNANT WOMA N; 8
(II) IF THE PREGNANT WOMAN IS A MINOR, THE NAME AND 9
ADDRESS OF A PARENT OR GUARDIAN OF THE M INOR; AND 10
(III) ANY RELEVANT INFORMAT ION THE EMPLOYEE OR 11
VOLUNTEER HAS RELATI NG TO THE KNOWN , ALLEGED, OR SUSPECTED COERCIO N. 12
(3) IF AN EMPLOYEE OR A VOLUNTEER KNOWS , ALLEGES, OR 13
SUSPECTS THAT A PREG NANT WOMAN IS A VICT IM OF A VIOLATION OF § 20–218 OF 14
THIS SUBTITLE, A HEALTH CARE PROVIDER SHALL ORALLY INFORM THE PREGNANT 15
WOMAN THAT : 16
(I) COERCION IS PROHIBITE D UNDER § 20–218 OF THIS 17
SUBTITLE; 18
(II) THE PREGNANT WOMAN MA Y HAVE LEGAL REMEDIE S; AND 19
(III) A REQUEST OR DEMAND FO R AN ABORTION MADE B Y THE 20
FATHER OF THE UNBORN CHILD DOES NOT RELIE VE THE FATHER OF HIS FINANCIAL 21
SUPPORT RESPONSIBILI TIES. 22
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 23
HEALTH CARE PROVIDER MAY NOT PERFORM AN A BORTION ON A PREGNAN T WOMAN 24
WHO IS KNOWN , ALLEGED, OR SUSPECTED TO BE A VICTIM OF A VIOLATIO N OF § 25
20–218 OF THIS SUBTITLE WIT HIN 24 HOURS AFTER THE LATE R OF: 26
(I) THE DISCOVERY OF THE KNOWLEDGE , ALLEGATION, OR 27
SUSPICION; OR 28
(II) INFORMING THE PREG NANT WOMAN OF HER RI GHTS UNDER 29
SUBSECTIONS (A) AND (B)(3) OF THIS SECTION. 30
8 SENATE BILL 832
(2) THE 24–HOUR WAITING PERIOD REQUIRED UNDER PARAG RAPH 1
(1) OF THIS SUBSECTION M AY BE WAIVED IF , IN A PHYSICIAN’S BEST MEDICAL 2
JUDGMENT, AN ABORTION IS NECES SARY TO PREVENT THE DEATH OF THE 3
PREGNANT WOMAN OR SU BSTANTIAL AND IRREVE RSIBLE INJURY TO ONE OF THE 4
PREGNANT WOMAN ’S MAJOR BODILY FUNCT IONS. 5
(D) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 6
AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING $500. 7
(E) A HEALTH CARE FACILITY MAY NOT EMPLOY AN IN DIVIDUAL OR ALLOW 8
AN INDIVIDUAL TO VOL UNTEER IF THE INDIVI DUAL HAS COMMITTED A VIOLATION 9
OF THIS SECTION. 10
20–223. 11
ON THE REQUEST OF THE INDIVIDUAL REPORTING AN ALLEGED VIOLATION 12
OF § 20–218 OR § 20–222 OF THIS SUBTITLE, A LAW ENFORCEMENT AG ENCY SHALL 13
NOTIFY THE INDIVIDUA L MAKING THE REPORT AT LEAST 12 HOURS BEFORE THE 14
LAW ENFORCEMENT AGEN CY’S INITIAL CONTACT WI TH THE ALLEGED VIOLA TOR. 15
20–224. 16
THIS ACT MAY NOT BE CONSTR UED TO ALTER EXISTIN G CRIMINAL LAW 17
REGARDING CRIMES ARISING FROM SEX TRAFFICKING . 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2023. 20