EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0862*
SENATE BILL 862
J1, F2 4lr2739
SB 832/23 – FIN CF HB 884
By: Senators Carozza, Folden, Mautz, McKay, Ready, Salling, and Simonaire
Introduced and read first time: February 2, 2024
Assigned to: Finance
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 SENATE BILL 862
PART V. COERCIVE ACTIONS. 1
20–217. 2
(A) IN THIS PART THE FOL LOWING WORDS HAVE TH E 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 T ERMINATE THE CLINICA LLY DIAGNOSABLE PREG NANCY OF A 7
WOMAN, WITH KNOWLEDGE THAT T HE TERMINATION BY TH OSE 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 PRESCRIBE D 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
20–218. 29 SENATE BILL 862 3
(A) AN INDIVIDUAL WHO KNO WS OR SUSPECTS THAT A WOMAN IS PREGNANT 1
MAY NOT ENGAGE , OR CONSPIRE WITH ANO THER INDIVIDUAL TO E NGAGE, IN THE 2
FOLLOWING CONDUCT WI TH THE INTENT OF DIR ECTING THE PREGNANT WOMAN TO 3
HAVE AN ABORT ION: 4
(1) COMMITTING, ATTEMPTING TO COMMIT , OR THREATENING TO 5
COMMIT PHYSICAL HARM TO THE PREGNANT WOMA N, THE UNBORN CHILD , OR 6
ANOTHER INDIVIDUAL ; 7
(2) COMMITTING, ATTEMPTING TO COMMIT , OR THREATENING TO 8
COMMIT A VIOLATION O F THE CRIMINAL LAW ARTICLE; 9
(3) REVOKING, ATTEMPTING TO REVOKE , OR THREATENING TO 10
REVOKE A SCHOLARSHIP AWARDED TO THE PREGN ANT WOMAN BY AN INST ITUTION 11
OF HIGHER EDUCATION ; 12
(4) DISCHARGING, ATTEMPTING TO DISCHA RGE, OR THREATENING 13
TO DISCHARGE THE PRE GNANT WOMAN OR ANOTH ER INDIVIDUAL FROM 14
EMPLOYMENT ; 15
(5) CHANGING, ATTEMPTING TO CHANGE , OR THREATENING TO 16
CHANGE THE COMPENSAT ION, TERMS, CONDITIONS, OR PRIVILEGES OF 17
EMPLOYMENT OF THE PR EGNANT WOMAN OR ANOT HER INDIVIDUAL ; 18
(6) DENYING, ATTEMPTING TO DENY , OR THREATENING TO DENY ANY 19
SOCIAL ASSISTANCE TH AT THE PREGNANT WOMAN HAS A PPLIED FOR, HAS BEEN 20
RECEIVING, OR IS ELIGIBLE FOR; 21
(7) DENYING, REMOVING, OR THREATENING TO DE NY OR REMOVE 22
FINANCIAL SUPPORT OR HOUSING FROM A DEPEN DENT OF THE PREGNANT WOMAN; 23
(8) SELLING, ATTEMPTING TO SELL , OR THREATENING TO SE LL THE 24
PREGNANT WOMAN INTO SEX TRAFFICKING ; 25
(9) FORCING, ATTEMPTING TO FORCE , OR THREATENING TO FO RCE 26
THE PREGNANT WOMAN T O CONTINUE TO ENGAGE IN SEX TRAFFICKING ; 27
(10) SELLING, ATTEMPTING TO SELL , OR THREATENING TO SELL THE 28
PREGNANT WOMAN TO AN OTHER INDIVIDUAL FOR THE PURPOSE OF SEX 29
TRAFFICKING; 30
(11) FORCING, ATTEMPTING TO FORCE , OR THREATENING TO FO RCE 31 4 SENATE BILL 862
THE PREGNANT WOMAN T O MOVE TO ANOTHER CI TY, STATE, OR COUNTRY AGAINST 1
HER WILL; 2
(12) SELLING, ATTEMPTING T O SELL, OR THREATENING TO SE LL THE 3
UNBORN BABY OF THE P REGNANT WOMAN INTO S EX TRAFFICKING ONCE THE 4
UNBORN BABY IS BORN ; OR 5
(13) SEPARATING, ATTEMPTING TO SEPARA TE, OR THREATENING TO 6
SEPARATE THE PREGNAN T WOMAN FROM THE UNB ORN BABY ONCE THE UN BORN 7
BABY IS BORN. 8
(B) AN INDIVIDUAL WHO VIO LATES THIS SECTION I S GUILTY OF A 9
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO A FINE NOT EXCEED ING $1,000. 10
(C) THE SENTENCE IMPOSED FOR A VIOLATION OF T HIS SECTION SHALL BE 11
CONSECUTIVE TO AND N OT CONCURRENT WITH A NY OTHER SENTENCE IMPOSED 12
FOR ANY CRIME BASED ON THE ACT ESTABLISH ING THE VIOLATION OF THIS 13
SECTION. 14
20–219. 15
(A) (1) A WOMAN WHO IS A VICTI M OF A VIOLATION OF § 20–218 OF THIS 16
SUBTITLE MAY BRING A CIVIL ACTION FOR MON EY DAMAGES AGAINST T HE 17
PERPETRATOR , INCLUDING AN ACTION FOR WRONGFUL DEATH U NDER TITLE 3, 18
SUBTITLE 9 OF THE COURTS ARTICLE IF APPLICABLE . 19
(2) AN ACTION MAY BE BROUGHT UNDER THIS SECTION WITHOUT 20
REGARD TO: 21
(I) WHETHER AN ABORTION W AS ACTUALLY PERFORME D; 22
(II) WHETHER THE DEFENDANT WAS CRIMINALLY 23
PROSECUTED ; OR 24
(III) THE OUTCOME OF ANY CR IMINAL PROSECUTION . 25
(3) A WOMAN WHO IS SUCCESS FUL IN A CIVIL ACTION UNDER T HIS 26
SUBSECTION IS ENTITL ED TO REASONABLE ATT ORNEY’S FEES. 27
(B) (1) A PREGNANT WOMAN WHO I S THE VICTIM OF A VI OLATION OF § 28
20–218 OF THIS SUBTITLE MAY BRING AN ACTION IN C IRCUIT COURT SEEKING TO 29
PREVENT THE PERPETRA TOR FROM COMMITTING A SUBSEQUENT VIOLATI ON OR 30
CEASE AN ONGOING VIO LATION OF § 20–218 OF THIS SUBTITLE. 31 SENATE BILL 862 5
(2) IN AN ACTION BROUGHT UNDER PARAGRAPH (1) OF THIS 1
SUBSECTION, THE COURT SHALL : 2
(I) PROVIDE THE PREGNANT WOMAN WITH COUNSEL I F 3
REQUESTED ; AND 4
(II) GRANT ANY RELIEF NECE SSARY TO PREVENT FUR THER 5
VIOLATION OR CEASE A N ONGOING VIOLATION OF § 20–218 OF THIS SUBTITLE. 6
20–220. 7
(A) IF A MINOR IS DENIED FINANCIAL SUPPORT FR OM A PARENT , 8
GUARDIAN, OR CUSTODIAN DUE TO THE MINOR’S REFUSAL TO HAVE AN ABORTION, 9
THE MINOR SHALL BE C ONSIDERED AN EMANCIP ATED MINOR FOR PURPO SES OF 10
ELIGIBILITY FOR PUBL IC ASSISTANCE BENEFI TS. 11
(B) ANY PUBLIC ASSISTANCE BENEFITS PROVIDED TO A MINOR 12
EMANCIPATED UNDER TH IS SECTION MAY NOT B E USED TO OBTAIN AN ABORTION. 13
20–221. 14
EACH HEALTH CARE FACILITY THAT PERFORMS ABORTI ONS, AS A CONDITION 15
OF LICENSURE , AND EACH PUBLIC SENIOR HIGHER EDUCATION INSTITUTIO N THAT 16
PROVIDES ABORTION CA RE SERVICES SHALL: 17
(1) POST SIGNS CONSPICUOU SLY IN A WAITING ROO M, 18
CONSULTATION ROOM , AND PROCED URE ROOM STATING THE FOLLOWING: 19
“IT IS AGAINST THE LAW FOR ANYONE , REGARDLESS OF HIS OR HER 20
RELATIONSHIP TO YOU , TO FORCE YOU TO HAVE AN ABORTION . YOU HAVE THE 21
RIGHT TO CONTACT ANY STATE OR LOCAL LAW EN FORCEMENT OR SOCIAL SERVICE 22
AGENCY TO RECEIVE PR OTECTION FROM ANY ACTUAL OR THREATENED PHYSIC AL, 23
EMOTIONAL, OR PSYCHOLOGICAL ABU SE. IT IS AGAINST THE LAW TO PERFORM , 24
INDUCE, PRESCRIBE FOR , OR PROVIDE YOU WITH THE MEANS FOR AN ABO RTION 25
WITHOUT YOUR VOLUNTA RY CONSENT.”; AND 26
(2) POST CONSPICUOUS SIGN S IN A WAITING ROOM , CONSULTATION 27
ROOM, AND PROCEDURE ROOM T HAT INCLUDE: 28
(I) INFORMATION ON HOW TO REPORT SEX TRAFFICKI NG AND 29
A STATEMENT THAT VIC TIMS OF HUMAN TRAFFI CKING ARE PROTECTED UNDER 30
INTERNATIONAL , FEDERAL, AND STATE LAW; AND 31 6 SENATE BILL 862
(II) INFORMATION AND VISUAL REPRESENTATIO N ON HOW TO 1
USE AMERICAN SIGN LANGUAGE TO INDICATE THAT THE PREGNANT WO MAN IS 2
BEING SEX TRAFFICKED . 3
20–222. 4
(A) BEFORE PERFORMING AN ABORTION OR DISPENSI NG AN 5
ABORTION–INDUCING DRUG , A HEALTH CARE PROVID ER SHALL, IN A PRIVATE 6
ROOM: 7
(1) ASK THE PREGNANT WOMA N WHETHER SHE IS BEING COERCED , 8
THREATENED , OR FORCED TO HAVE AN ABORTION; 9
(2) ASK THE PREGNANT WOMA N WHETHER SHE IS BEING SEX 10
TRAFFICKED; 11
(3) OFFER TO PROVIDE THE PREGNANT WOMAN WITH INFORMATION 12
ABOUT ASSISTANCE , COUNSELING , AND PROTECTIVE SERVI CES OFFERED BY SOCIA L 13
SERVICES AND LAW ENF ORCEMENT AGENCIES ; 14
(4) PROVIDE THE PREGNANT WOMAN WITH A TELEPHO NE THAT SHE 15
MAY USE TO MAKE A PR IVATE PHONE CALL; AND 16
(5) PROVIDE THE PREGNANT WOMAN WITH AN ALTERN ATIVE EXIT 17
FROM THE FACILITY . 18
(B) (1) AN EMPLOYEE OR A VOLU NTEER OF A HEALTH CA RE FACILITY OR 19
A PUBLIC SENIOR HIGH ER EDUCATION INSTITU TION THAT PROVIDES ABORTI ON 20
CARE SERVICES UNDER § 15–136 OF THE EDUCATION ARTICLE WHO KNOWS , 21
ALLEGES, OR SUSPECTS A PREGNA NT WOMAN TO BE A VIC TIM OF A VIOLATION O F § 22
20–218 OF THIS SUBTITLE PER SONALLY SHALL MAKE A REPORT TO A LOCAL LA W 23
ENFORCEMENT AGENCY W ITHIN 48 HOURS AFTER THE DISC OVERY OF THE 24
KNOWLEDGE , ALLEGATION, OR SUSPICION. 25
(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 26
SUBSECTION SHALL CON TAIN: 27
(I) THE NAME AND ADDRESS OF THE PREGNANT WOMA N; 28
(II) IF THE PREGNANT WOMAN IS A MINOR, THE NAME AND 29
ADDRESS OF A PARENT OR GUARDIAN OF THE M INOR; AND 30
SENATE BILL 862 7
(III) ANY RELEVANT INFORMAT ION THE EMPLOYEE OR 1
VOLUNTEER HAS RELATI NG TO THE KNOWN , ALLEGED, OR SUSPECTED COERCIO N. 2
(3) IF AN EMPLOYEE OR A V OLUNTEER KNOWS , ALLEGES, OR 3
SUSPECTS THAT A PREG NANT WOMAN IS A VICT IM OF A VIOLATION OF § 20–218 OF 4
THIS SUBTITLE, A HEALTH CARE PROVID ER SHALL ORALLY INFO RM THE PREGNANT 5
WOMAN THAT : 6
(I) COERCION IS PROHIBITE D UNDER § 20–218 OF THIS 7
SUBTITLE; 8
(II) THE PREGNANT WOMAN MA Y HAVE LEGAL REMEDIE S; AND 9
(III) A REQUEST OR DE MAND FOR AN ABORTION MADE BY THE 10
FATHER OF THE UNBORN CHILD DOES NOT RELIE VE THE FATHER OF HIS FINANCIAL 11
SUPPORT RESPONSIBILI TIES. 12
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 13
HEALTH CARE PROVIDER MAY NOT PERFORM AN A BORTION ON A PR EGNANT WOMAN 14
WHO IS KNOWN , ALLEGED, OR SUSPECTED TO BE A VICTIM OF A VIOLATIO N OF § 15
20–218 OF THIS SUBTITLE WIT HIN 24 HOURS AFTER THE LATE R OF: 16
(I) THE DISCOVERY OF THE KNOWLEDGE , ALLEGATION, OR 17
SUSPICION; OR 18
(II) INFORMING THE PREGNAN T WOMAN OF H ER RIGHTS UNDER 19
SUBSECTIONS (A) AND (B)(3) OF THIS SECTION. 20
(2) THE 24–HOUR WAITING PERIOD REQUIRED UNDER PARAG RAPH 21
(1) OF THIS SUBSECTION M AY BE WAIVED IF , IN A PHYSICIAN’S BEST MEDICAL 22
JUDGMENT, AN ABORTION IS NECES SARY TO PREVENT THE DEATH OF THE 23
PREGNANT WOMAN OR SUBS TANTIAL AND IRREVERS IBLE INJURY TO ONE O F THE 24
PREGNANT WOMAN ’S MAJOR BODILY FUNCT IONS. 25
(D) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 26
AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING $500. 27
(E) A HEALTH CARE FACILITY OR PUBLIC SENIOR HIGHER EDUCATION 28
INSTITUTION THAT PROVIDES ABORTI ON CARE SERVICES UNDER § 15–136 OF THE 29
EDUCATION ARTICLE MAY NOT EMPLOY AN IN DIVIDUAL OR ALLOW AN INDIVIDUAL 30
TO VOLUNTEER IF THE INDIVIDUAL HAS COMMI TTED A VIOLATION OF THIS SECTION. 31
20–223. 32 8 SENATE BILL 862
ON THE REQUEST OF THE INDIVIDUAL REPORTING AN ALLEGED VIOLATION 1
OF § 20–218 OR § 20–222 OF THIS SUBTITLE , A LAW ENFORC EMENT AGENCY SHALL 2
NOTIFY THE INDIVIDUA L MAKING THE REPORT AT LEAST 12 HOURS BEFORE THE 3
LAW ENFORCEMENT AGEN CY’S INITIAL CONTACT WI TH THE ALLEGED VIOLA TOR. 4
20–224. 5
THIS PART MAY NOT BE CONSTRUED TO ALTER EXISTING CR IMINAL LAW 6
REGARDING CRIMES ARI SING FROM SEX TRAFFICKING . 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2024. 9