EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0884*
HOUSE BILL 884
J1, F2 4lr3288
HB 1043/23 – HGO CF SB 862
By: Delegates Miller, Adams, Arentz, Ghrist, Hornberger, Hutchinson, Jacobs,
McComas, Metzgar, Munoz, Rose, Szeliga, Tomlinson, and Wivell
Introduced and read first time: February 2, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Pregnancy – Coercion 2
(Protecting Pregnant Women Against Coercive Abuse and Human Trafficking) 3
FOR the purpose of prohibiting an individual from committing or threatening certain 4
actions, including certain actions related to sex trafficking, with the intent of 5
coercing a pregnant woman to have an abortion; providing that a pregnant minor is 6
considered an emancipated minor for purposes of eligibility for public assistance if 7
the minor is denied financial support from a parent or guardian due to the minor’s 8
refusal to have an abortion; requiring health care facilities that perform abortions 9
and public senior higher education institutions that provide abortion care services to 10
post certain signs in certain rooms of the facility or institution; 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
(2023 Replacement Volume) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Health – General 22
20–215. RESERVED. 23
20–216. RESERVED. 24 2 HOUSE BILL 884
PART V. COERCIVE ACTIONS. 1
20–217. 2
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 3
INDICATED. 4
(B) (1) “ABORTION” MEANS THE ACT OF USI NG OR PRESCRIBING AN 5
INSTRUMENT , A MEDICINE, A DRUG, OR ANY OTHER SUBSTAN CE, DEVICE, OR MEANS 6
WITH THE INTENT TO TERMINATE THE CLINICALLY DIAGN OSABLE PREGNANCY OF A 7
WOMAN, WITH KNOWLEDGE THAT THE TERMINATION BY T HOSE MEANS WILL WITH 8
REASONABLE LIKELIHOO D CAUSE THE DEATH OF THE UNBORN CHILD . 9
(2) “ABORTION” DOES NOT INCLUDE THE USE OR PRESCRIPTION OF 10
AN INSTRUMENT, A MEDICINE, A DRUG, OR ANY OTHER SUBSTAN CE, DEVICE, OR 11
MEANS IF USED OR PRE SCRIBED TO: 12
(I) SAVE THE LIFE OR PRES ERVE THE HEALTH OF A N UNBORN 13
CHILD; 14
(II) REMOVE A DEAD UNBORN CHILD RESULTING FROM 15
SPONTANEOUS PREGNANC Y LOSS; 16
(III) REMOVE AN ECTOPIC PRE GNANCY; OR 17
(IV) TREAT A MATERNAL DISE ASE OR ILLNESS FOR W HICH THE 18
PRESCRIBED DRUG IS I NDICATED. 19
(C) “HEALTH CARE FACILITY ” HAS THE MEANING STAT ED IN § 19–114 OF 20
THIS ARTICLE. 21
(D) “PUBLIC SENIOR HIGHER EDUCATION INSTITUTIO N” HAS THE MEANING 22
STATED IN § 10–101 OF THE EDUCATION ARTICLE. 23
(E) “SEX TRAFFICKING ” MEANS THE RECRUITMEN T, HARBORING, 24
TRANSPORTATION , PROVISION, OBTAINING, PATRONIZING, OR SOLICITING OF AN 25
INDIVIDUAL FOR THE P URPOSE OF A COMMERCI AL SEX ACT THAT IS: 26
(1) INDUCED BY FORCE , FRAUD, OR COERCION ; OR 27
(2) PERFORMED BY A MINOR . 28
HOUSE BILL 884 3
20–218. 1
(A) AN INDIVIDUAL WHO KNO WS OR SUSPECTS THAT A WOMAN IS PREGNANT 2
MAY NOT ENGAGE , OR CONSPIRE WITH ANO THER INDIVIDUAL TO E NGAGE, IN THE 3
FOLLOWING CONDUCT WI TH THE INTENT OF DIR ECTING THE PREGNANT W OMAN TO 4
HAVE AN ABORTION , BASED ON THE PREGNAN T WOMAN DISREGARDING OR 5
REFUSING THE INDIVID UAL’S DEMAND THAT SHE SE EK AN ABORTION : 6
(1) COMMITTING, ATTEMPTING TO COMMIT , OR THREATENING TO 7
COMMIT PHYSICAL HARM TO THE PREGNANT WOMA N, THE UNBORN CHILD , OR 8
ANOTHER INDIVIDUAL ; 9
(2) COMMITTING, ATTEMPTING TO COMMIT , OR THREATENING TO 10
COMMIT A VIOLATION O F THE CRIMINAL LAW ARTICLE; 11
(3) REVOKING, ATTEMPTING TO REVOKE , OR THREATENING TO 12
REVOKE A SCHOLARSHIP AWARDED TO THE PREGN ANT WOMAN BY AN INST ITUTION 13
OF HIGHER EDUCATION ; 14
(4) DISCHARGING, ATTEMPTING TO DISCHA RGE, OR THREATENING 15
TO DISCHARGE THE PRE GNANT WOMAN OR ANOTH ER INDIVIDUAL F ROM 16
EMPLOYMENT ; 17
(5) CHANGING, ATTEMPTING TO CHANGE , OR THREATENING TO 18
CHANGE THE COMPENSAT ION, TERMS, CONDITIONS, OR PRIVILEGES OF 19
EMPLOYMENT OF THE PR EGNANT WOMAN OR ANOT HER INDIVIDUAL ; 20
(6) DENYING, ATTEMPTING TO DENY , OR THREATENING TO DE NY ANY 21
SOCIAL ASSISTANCE THAT THE PREGNANT WOMAN H AS APPLIED FOR , HAS BEEN 22
RECEIVING, OR IS ELIGIBLE FOR; 23
(7) DENYING, REMOVING, OR THREATENING TO DE NY OR REMOVE 24
FINANCIAL SUPPORT OR HOUSING FROM A DEPEN DENT OF THE PREGNANT WOMAN; 25
(8) SELLING, ATTEMPTING TO SELL, OR THREATENING TO SE LL THE 26
PREGNANT WOMAN INTO SEX TRAFFICKING ; 27
(9) FORCING, ATTEMPTING TO FORCE , OR THREATENING TO FO RCE 28
THE PREGNANT WOMAN T O CONTINUE TO ENGAGE IN SEX TRAFFICKING ; 29
(10) SELLING, ATTEMPTING TO SELL , OR THREATENING TO SE LL THE 30
PREGNANT WOMAN TO AN OTHER INDIVIDUAL FOR THE PURPOSE OF SEX 31
TRAFFICKING; 32 4 HOUSE BILL 884
(11) FORCING, ATTEMPTING TO FORCE , OR THREATENING TO FO RCE 1
THE PREGNANT WOMAN T O MOVE TO ANOTHER CI TY, STATE, OR COUNTRY AGAINST 2
HER WILL; 3
(12) SELLING, ATTEMPTING TO SELL , OR THREATENING TO SELL T HE 4
UNBORN BABY OF THE P REGNANT WOMAN INTO S EX TRAFFICKING ONCE THE 5
UNBORN BABY IS BORN ; OR 6
(13) SEPARATING, ATTEMPTING TO SEPARA TE, OR THREATENING TO 7
SEPARATE THE PREGNAN T WOMAN FROM THE UNB ORN BABY ONCE THE UN BORN 8
BABY IS BORN. 9
(B) AN INDIVIDUAL WHO VIO LATES THIS SECTION I S GUILTY OF A 10
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO A FINE NOT EXCEED ING $1,000. 11
(C) THE SENTENCE IMPOSED FOR A VIOLATION OF T HIS SECTION SHALL BE 12
CONSECUTIVE TO AND N OT CONCURRENT WITH A NY OTHER SENTENCE IMPOSED 13
FOR ANY CRIME BASED ON THE ACT ESTABLISH ING THE VIOLATION OF THIS 14
SECTION. 15
20–219. 16
(A) (1) A WOMAN WHO IS A VICTI M OF A VIOLATION OF § 20–218 OF THIS 17
SUBTITLE MAY BRING A CIVIL ACTION FOR MON EY DAMAGES AGAINST T HE 18
PERPETRATOR , INCLUDING AN ACTION FOR WRONGFUL DEATH U NDER TITLE 3, 19
SUBTITLE 9 OF THE COURTS ARTICLE IF APPLICABLE . 20
(2) AN ACTION MAY BE BROUGHT UNDER THIS SECTION WITHOUT 21
REGARD TO: 22
(I) WHETHER AN ABORTION W AS ACTUALLY PERFORME D; 23
(II) WHETHER THE DEFENDANT WAS CRIMINALLY 24
PROSECUTED ; OR 25
(III) THE OUTCOME OF ANY CR IMINAL PROSECUTION . 26
(3) A WOMAN WHO IS SUCCESS FUL IN A CIVIL ACTION UNDER T HIS 27
SUBSECTION IS ENTITL ED TO REASONABLE ATT ORNEY’S FEES. 28
(B) (1) A PREGNANT WOMAN WHO I S THE VICTIM OF A VI OLATION OF § 29
20–218 OF THIS SUBTITLE MAY BRING AN ACTION IN C IRCUIT COURT SEEKING TO 30 HOUSE BILL 884 5
PREVENT THE PERPETRA TOR FROM COMMITTING A SUBSEQUENT VIOLATI ON OR 1
CEASE AN ONGOING VIO LATION OF § 20–218 OF THIS SUBTITLE. 2
(2) IN AN ACTION BROUGHT UNDER PARAGRAPH (1) OF THIS 3
SUBSECTION, THE COURT SHALL : 4
(I) PROVIDE THE PREGNANT WOMAN WITH COUNSEL I F 5
REQUESTED ; AND 6
(II) GRANT ANY R ELIEF NECESSARY TO P REVENT FURTHER 7
VIOLATION OR CEASE A N ONGOING VIOLATION OF § 20–218 OF THIS SUBTITLE. 8
20–220. 9
(A) IF A MINOR IS DENIED FINANCIAL SUPPORT FR OM A PARENT , 10
GUARDIAN, OR CUSTODIAN DUE TO THE MINOR’S REFUSAL TO HAVE AN ABORTION, 11
THE MINOR SHALL BE CONSIDERED AN EMANCIPATED MINOR FOR PURPOSES OF 12
ELIGIBILITY FOR PUBL IC ASSISTANCE BENEFI TS. 13
(B) ANY PUBLIC ASSISTANCE BENEFITS PROVIDED TO A MINOR 14
EMANCIPATED UNDER TH IS SECTION MAY NOT B E USED TO OBTAIN AN ABORTION. 15
20–221. 16
EACH HEALTH CARE FACILITY THAT P ERFORMS ABORTIONS , AS A CONDITION 17
OF LICENSURE , AND EACH PUBLIC SENI OR HIGHER EDUCATION INSTITUTION THAT 18
PROVIDES ABORTION CA RE SERVICES SHALL : 19
(1) POST SIGNS CONSPICUOU SLY IN A WAITING ROO M, 20
CONSULTATION ROOM , AND PROCEDURE ROOM STATING THE FOLLOWIN G: 21
“IT IS AGAINST THE LAW FOR ANYONE , REGARDLESS OF HIS OR HER 22
RELATIONSHIP TO YOU , TO FORCE YOU TO HAVE AN ABORTION . YOU HAVE THE 23
RIGHT TO CONTACT ANY STATE OR LOCAL LAW EN FORCEMENT OR SOCIAL SERVICE 24
AGENCY TO RECEIVE PR OTECTION FROM ANY ACTUAL OR THREAT ENED PHYSICAL , 25
EMOTIONAL, OR PSYCHOLOGICAL ABU SE. IT IS AGAINST THE LAW TO PERFORM , 26
INDUCE, PRESCRIBE FOR , OR PROVIDE YOU WITH THE MEANS FOR AN ABO RTION 27
WITHOUT YOUR VOLUNTA RY CONSENT.”; AND 28
(2) POST CONSPICUOUS SIGN S IN A WAITING R OOM, CONSULTATION 29
ROOM, AND PROCEDURE ROOM T HAT INCLUDE: 30
(I) INFORMATION ON HOW TO REPORT SEX TRAFFICKI NG AND 31 6 HOUSE BILL 884
A STATEMENT THAT VIC TIMS OF HUMAN TRAFFI CKING ARE PROTECTED UNDER 1
INTERNATIONAL , FEDERAL, AND STATE LAW; AND 2
(II) INFORMATION AND VISUA L REPRESENTATION ON HOW TO 3
USE AMERICAN SIGN LANGUAGE TO INDICATE THAT THE PREGNANT WO MAN IS 4
BEING SEX TRAFFICKED . 5
20–222. 6
(A) BEFORE PERFORMING AN ABORTION OR DISPENSI NG AN 7
ABORTION–INDUCING DRUG , A HEALTH CARE PROVID ER SHALL, IN A PRIVATE 8
ROOM: 9
(1) ASK THE PREGNANT WOMA N WHETHER SHE IS BEI NG COERCED , 10
THREATENED , OR FORCED TO HAVE AN ABORTION; 11
(2) ASK THE PREGNANT WOMA N WHETHER SHE IS BEI NG SEX 12
TRAFFICKED; 13
(3) OFFER TO PROVIDE THE PREGNANT WOMAN WITH INFORMATION 14
ABOUT ASSISTANCE , COUNSELING , AND PROTECTIVE SERVICES OFFERED BY SOCIAL 15
SERVICES AND LAW ENF ORCEMENT AGENCIES ; 16
(4) PROVIDE THE PREGNANT WOMAN WITH A TELEPHO NE THAT SHE 17
MAY USE TO MAKE A PR IVATE PHONE CALL ; AND 18
(5) PROVIDE THE PREGNANT WOMAN WITH AN ALTERN ATIVE EXIT 19
FROM THE FACILIT Y. 20
(B) (1) AN EMPLOYEE OR A VOLU NTEER OF A HEALTH CA RE FACILITY OR 21
A PUBLIC SENIOR HIGH ER EDUCATION INSTITU TION THAT PROVIDES A BORTION 22
CARE SERVICES UNDER § 15–136 OF THE EDUCATION ARTICLE WHO KNOWS , 23
ALLEGES, OR SUSPECTS A PREGNA NT WOMAN TO BE A VIC TIM OF A VIOLATION OF § 24
20–218 OF THIS SUBTITLE PER SONALLY SHALL MAKE A REPORT TO A LOCAL LA W 25
ENFORCEMENT AGENCY W ITHIN 48 HOURS AFTER THE DISC OVERY OF THE 26
KNOWLEDGE , ALLEGATION, OR SUSPICION. 27
(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 28
SUBSECTION SHALL CON TAIN: 29
(I) THE NAME AND ADDRESS OF THE PREGNANT WOMA N; 30
(II) IF THE PREGNANT WOMAN IS A MINOR, THE NAME AND 31 HOUSE BILL 884 7
ADDRESS OF A PARENT OR GUARDIAN OF THE M INOR; AND 1
(III) ANY RELEVANT INFORMAT ION THE EMPLOYEE OR 2
VOLUNTEER HAS RELATI NG TO THE KNOWN , ALLEGED, OR SUSPECTED COERCIO N. 3
(3) IF AN EMPLOYEE OR A V OLUNTEER KNOWS , ALLEGES, OR 4
SUSPECTS THAT A PREG NANT WOMAN IS A VICT IM OF A VIOLATION OF § 20–218 OF 5
THIS SUBTITLE, A HEALTH CARE PROVID ER SHALL ORALLY INFO RM THE PREGNANT 6
WOMAN THAT : 7
(I) COERCION IS PROHIBITED UNDER § 20–218 OF THIS 8
SUBTITLE; 9
(II) THE PREGNANT WOMAN MA Y HAVE LEGAL REMEDIE S; AND 10
(III) A REQUEST OR DEMAND FO R AN ABORTION MADE B Y THE 11
FATHER OF THE UNBORN CHILD DOES NOT RELIE VE THE FATHER OF HIS FINANCIAL 12
SUPPORT RESPONSIBILI TIES. 13
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 14
HEALTH CARE PROVIDER MAY NOT PERFORM AN A BORTION ON A PREGNAN T WOMAN 15
WHO IS KNOWN , ALLEGED, OR SUSPECTED TO BE A VICTIM OF A VIOLATIO N OF § 16
20–218 OF THIS SUBTITLE WIT HIN 24 HOURS AFTER THE LATER OF : 17
(I) THE DISCOVERY OF THE KNOWLEDGE , ALLEGATION, OR 18
SUSPICION; OR 19
(II) INFORMING THE PREGNAN T WOMAN OF HER RIGHT S UNDER 20
SUBSECTIONS (A) AND (B)(3) OF THIS SECTION. 21
(2) THE 24–HOUR WAITING PERIOD REQUIRED UNDER PARAG RAPH 22
(1) OF THIS SUBSECTION MAY BE WAIVED IF, IN A PHYSICIAN’S BEST MEDICAL 23
JUDGMENT, AN ABORTION IS NECES SARY TO PREVENT THE DEATH OF THE 24
PREGNANT WOMAN OR SU BSTANTIAL AND IRREVE RSIBLE INJURY TO ONE OF THE 25
PREGNANT WOMAN ’S MAJOR BODILY FUNCT IONS. 26
(D) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 27
AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING $500. 28
(E) A HEALTH CARE FACILITY OR PUBLIC SENIOR HIG HER EDUCATION 29
INSTITUTION THAT PRO VIDES ABORTION CARE SERVICES UNDER § 15–136 OF THE 30
EDUCATION ARTICLE MAY NOT EMPLO Y AN INDIVIDUAL OR A LLOW AN INDIVIDUAL 31
TO VOLUNTEER IF THE INDIVIDUAL HAS COMMI TTED A VIOLATION OF THIS SECTION. 32 8 HOUSE BILL 884
20–223. 1
ON THE REQUEST OF THE INDIVIDUAL REPORTING AN ALLEGED VIOLATION 2
OF § 20–218 OR § 20–222 OF THIS SUBTITLE, A LAW ENFORCEMENT AG ENCY SHALL 3
NOTIFY THE INDIVIDUA L MAKING THE REPORT AT LEAST 12 HOURS BEFORE THE 4
LAW ENFORCEMENT AGEN CY’S INITIAL CONTACT WI TH THE ALLEGED VIOLA TOR. 5
20–224. 6
THIS PART MAY NOT BE CONSTRUED TO ALTER E XISTING CRIMINAL LAW 7
REGARDIN G CRIMES ARISING FRO M SEX TRAFFICKING . 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2024. 10