Texas 2011 - 82nd Regular

Texas House Bill HB2828 Compare Versions

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1	1	82R13283 JSC-F
2	2	By: Callegari, et al. H.B. No. 2828
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the offense of coercing a person to have or seek an
8	8	abortion and informed and voluntary consent for an abortion;
9	9	providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subchapter B, Chapter 171, Health
12	12	and Safety Code, is amended to read as follows:
13	13	SUBCHAPTER B. VOLUNTARY AND INFORMED CONSENT
14	14	SECTION 2. Section 171.018, Health and Safety Code, is
15	15	amended to read as follows:
16	16	Sec. 171.018. OFFENSE. A physician who intentionally
17	17	performs an abortion on a woman in violation of Section 171.011
18	18	[this subchapter] commits an offense. An offense under this
19	19	section is a misdemeanor punishable by a fine not to exceed $10,000.
20	20	In this section, "intentionally" has the meaning assigned by
21	21	Section 6.03(a), Penal Code.
22	22	SECTION 3. Subchapter B, Chapter 171, Health and Safety
23	23	Code, is amended by adding Sections 171.019, 171.020, 171.021,
24	24	171.022, and 171.023 to read as follows:
25	25	Sec. 171.019. PREVENTION OF COERCED ABORTIONS. (a) Before
26	26	any anaesthesia or sedative is given to a woman prior to the
27	27	performance of an abortion, a physician shall:
28	28	(1) verbally inform the woman on whom the abortion is
29	29	to be performed that a person cannot coerce or force her to have or
30	30	seek an abortion and that the physician cannot perform the abortion
31	31	unless the woman provides her voluntary and informed consent; and
32	32	(2) provide the woman on whom the abortion is to be
33	33	performed with the coerced abortion form described by Section
34	34	171.021:
35	35	(A) in both English and Spanish; and
36	36	(B) in a language other than English or Spanish,
37	37	if applicable, under Section 171.021(c).
38	38	(b) A physician may not perform an abortion on a woman
39	39	unless, before the abortion, the woman certifies on the coerced
40	40	abortion form described by Section 171.021 that she received from
41	41	the physician the information and materials required by Subsection
42	42	(a).
43	43	(c) If the woman indicates on the coerced abortion form or
44	44	communicates to the physician that she is being coerced or forced to
45	45	have or seek an abortion or the physician is otherwise made aware
46	46	that the woman has indicated that she is being coerced or forced to
47	47	have or seek an abortion, the physician:
48	48	(1) shall report an offense under Section 25.12, Penal
49	49	Code, to local law enforcement;
50	50	(2) shall provide the referral required by Section
51	51	171.020(2);
52	52	(3) shall provide the woman with access to a telephone
53	53	in a private room; and
54	54	(4) may not perform the abortion until:
55	55	(A) 48 hours have elapsed:
56	56	(i) since the woman last communicated to
57	57	the physician, through the form or otherwise, that the woman was
58	58	being coerced or forced to have or seek an abortion; or
59	59	(ii) to the best of the physician's
60	60	knowledge, since the woman last communicated to an agent of the
61	61	physician that the woman was being coerced or forced to have or seek
62	62	an abortion; and
63	63	(B) the woman provides her voluntary and informed
64	64	consent that the woman states is not a result of coercion.
65	65	(d) A person who is a volunteer for or an employee of a
66	66	physician or an office or facility at which abortions are performed
67	67	shall immediately notify the physician who is to perform an
68	68	abortion on a woman if the woman communicates to the person that the
69	69	woman is being coerced or forced to have or seek an abortion.
70	70	Sec. 171.020. REFERRAL TO DOMESTIC VIOLENCE ASSISTANCE.
71	71	The department shall require each physician who performs an
72	72	abortion to:
73	73	(1) maintain a list of domestic violence shelters and
74	74	assistance programs that do not:
75	75	(A) provide abortions or abortion-related
76	76	services;
77	77	(B) make referrals to abortion providers; or
78	78	(C) affiliate or contract with entities that:
79	79	(i) provide abortions or abortion-related
80	80	services; or
81	81	(ii) make referrals to abortion providers;
82	82	and
83	83	(2) provide a referral to a domestic violence shelter
84	84	or assistance program that does not provide or refer for abortions
85	85	if the woman seeking an abortion communicates to the facility, the
86	86	physician, or an agent of the physician who is performing the
87	87	abortion that the woman is being abused or is being coerced or
88	88	forced to have or seek the abortion.
89	89	Sec. 171.021. CONTENTS OF FORM. (a) The department shall
90	90	develop a coerced abortion form to be completed by each woman on
91	91	whom an abortion is performed in this state. The form must include:
92	92	(1) the following title centered on the page in
93	93	boldfaced capital letters in 26-point font or larger: "NOTICE";
94	94	(2) the following statement printed in 16-point font
95	95	or larger: "It is against the law for a person, regardless of that
96	96	person's relationship to you, to coerce or force you to have or seek
97	97	an abortion. By law, a physician cannot perform an abortion,
98	98	including inducing, prescribing for, or otherwise providing the
99	99	means for an abortion, unless you give your voluntary and informed
100	100	consent without coercion or force. It is against the law for a
101	101	physician to perform an abortion against your will. You have the
102	102	right to a telephone in a private room to contact any local or state
103	103	law enforcement agency to receive protection from any actual or
104	104	threatened physical abuse or violence.";
105	105	(3) the following statements printed in 14-point font
106	106	or larger followed by spaces for the woman to initial:
107	107	(A) "I understand that I have the right to access
108	108	a telephone in a private room to contact a local or state law
109	109	enforcement agency to receive protection from any actual or
110	110	threatened physical abuse or violence.";
111	111	(B) "I have been informed in person that no one
112	112	can coerce or force me to have or seek an abortion and that an
113	113	abortion cannot be provided to me unless I provide my freely given,
114	114	voluntary, and informed consent."; and
115	115	(C) "I have read the above notice and understand
116	116	that I have legal protection against being coerced or forced to have
117	117	or seek an abortion.";
118	118	(4) spaces for the signature of the woman on whom an
119	119	abortion is to be performed and the date the form was completed; and
120	120	(5) spaces for the license number, area of specialty,
121	121	and signature of the physician who performed the abortion.
122	122	(b) The department shall provide the form required by
123	123	Subsection (a) in both English and Spanish.
124	124	(c) If the department determines that a substantial number
125	125	of residents in this state speak a primary language other than
126	126	English or Spanish, the department shall provide the form required
127	127	by Subsection (a) in that language. The department shall instruct a
128	128	facility that provides abortions to provide the coerced abortion
129	129	form in a language other than English or Spanish if the department
130	130	determines that a substantial number of residents in the area speak
131	131	a primary language other than English or Spanish.
132	132	Sec. 171.022. PROVISION AND RETENTION OF COERCED ABORTION
133	133	FORM. (a) The department shall provide a copy of this section and
134	134	Sections 171.019-171.021 and the coerced abortion form required by
135	135	Section 171.019 to:
136	136	(1) a physician who becomes newly licensed to practice
137	137	in this state, not later than the 30th day after the date the
138	138	physician receives the license; and
139	139	(2) all physicians licensed to practice in this state,
140	140	not later than December 1 of each year.
141	141	(b) A copy of the coerced abortion form certified by the
142	142	woman shall be placed in the woman's medical file and kept until at
143	143	least the seventh anniversary of the date on which the form was
144	144	signed or, if the woman is a minor, at least until the date the woman
145	145	reaches 20 years of age, whichever is later.
146	146	(c) The woman on whom an abortion is performed shall be
147	147	given a copy of the completed coerced abortion form in person before
148	148	the woman leaves the facility where the abortion is performed.
149	149	Sec. 171.023. SIGN POSTING. (a) An office or facility at
150	150	which abortions are performed shall post the following sign:
151	151	"NOTICE: It is against the law for a person, regardless of that
152	152	person's relationship to you, to coerce or force you to have or seek
153	153	an abortion. By law, a physician cannot perform an abortion,
154	154	including inducing, prescribing for, or otherwise providing the
155	155	means for an abortion, unless you give your voluntary and informed
156	156	consent without coercion or force. It is against the law for a
157	157	physician to perform an abortion against your will. You have the
158	158	right to a telephone in a private room to contact any local or state
159	159	law enforcement agency to receive protection from any actual or
160	160	threatened physical abuse or violence.".
161	161	(b) The sign described by Subsection (a) must be:
162	162	(1) printed with lettering that is legible and in at
163	163	least two-inch boldfaced type; and
164	164	(2) printed and posted in both English and Spanish, as
165	165	well as any language other than English or Spanish if it is likely
166	166	that a substantial number of the residents in the area speak a
167	167	language other than English or Spanish as their familiar language.
168	168	(c) An office or facility at which abortions are performed
169	169	shall conspicuously post the sign described by Subsection (a) in
170	170	each patient waiting room and each patient consultation room
171	171	regularly used by patients seeking abortions.
172	172	(d) If requested by a patient, the office or facility shall
173	173	provide the patient:
174	174	(1) a paper copy of the sign described by Subsection
175	175	(a) in the language preferred by the patient; and
176	176	(2) access to a telephone in a private room.
177	177	SECTION 4. Chapter 6, Code of Criminal Procedure, is
178	178	amended by adding Article 6.09 to read as follows:
179	179	Art. 6.09. REPORTS OF COERCION OF ABORTION. A peace officer
180	180	who receives a report of or other information indicating the
181	181	commission or attempted commission of an alleged offense under
182	182	Section 25.12, Penal Code, shall file a police report as necessary
183	183	to ensure that law enforcement may investigate the alleged offense.
184	184	SECTION 5. Chapter 25, Penal Code, is amended by adding
185	185	Section 25.12 to read as follows:
186	186	Sec. 25.12. COERCION OF ABORTION. (a) A person commits an
187	187	offense if the person uses coercion to induce a pregnant woman to
188	188	have or seek an abortion.
189	189	(b) An offense under this section is a Class B misdemeanor.
190	190	(c) A person who in good faith reports to law enforcement
191	191	authorities a suspected offense under Subsection (a) is immune from
192	192	civil liability in an action brought against the person for
193	193	reporting the suspected offense.
194	194	SECTION 6. (a) Not later than December 1, 2011, the
195	195	Department of State Health Services shall develop and make
196	196	available the form required by Subchapter B, Chapter 171, Health
197	197	and Safety Code, as amended by this Act, along with instructions for
198	198	completing the form.
199	199	(b) Not later than December 1, 2011, the Department of State
200	200	Health Services shall develop and make available the sign required
201	201	by Section 171.023, Health and Safety Code, as added by this Act.
202	202	(c) Not later than January 1, 2012, the Department of State
203	203	Health Services shall distribute forms as required by Section
204	204	171.022(a), Health and Safety Code, as added by this Act.
205	205	SECTION 7. This Act takes effect September 1, 2011.