83R209 JSC-F
By: Callegari H.B. No. 3247
A BILL TO BE ENTITLED
AN ACT
relating to the offense of coercing a person to have or seek an
abortion and informed and voluntary consent for an abortion;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter B, Chapter 171, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER B. VOLUNTARY AND INFORMED CONSENT
SECTION 2. Section 171.018, Health and Safety Code, is
amended to read as follows:
Sec. 171.018. OFFENSE. A physician who intentionally
performs an abortion on a woman in violation of Section 171.011
[this subchapter] commits an offense. An offense under this
section is a misdemeanor punishable by a fine not to exceed $10,000.
In this section, "intentionally" has the meaning assigned by
Section 6.03(a), Penal Code.
SECTION 3. Subchapter B, Chapter 171, Health and Safety
Code, is amended by adding Sections 171.019, 171.020, 171.021,
171.022, and 171.023 to read as follows:
Sec. 171.019. PREVENTION OF COERCED ABORTIONS. (a) Before
any anesthesia or sedative is given to a woman prior to the
performance of an abortion, a physician shall:
(1) verbally inform the woman on whom the abortion is
to be performed that a person cannot coerce or force her to have or
seek an abortion and that the physician cannot perform the abortion
unless the woman provides her voluntary and informed consent; and
(2) provide the woman on whom the abortion is to be
performed with the coerced abortion form described by Section
171.021:
(A) in both English and Spanish; and
(B) in a language other than English or Spanish,
if applicable, under Section 171.021(c).
(b) A doctor may not perform an abortion on a woman unless,
before the abortion, the woman certifies on the coerced abortion
form described by Section 171.021 that she received from the
physician the information and materials required by Subsection (a).
(c) If the woman indicates on the coerced abortion form or
communicates to the physician that she is being coerced to have or
seek an abortion or the physician is otherwise made aware that the
woman has indicated that she is being coerced to have or seek an
abortion, the physician:
(1) shall report an offense under Section 25.12, Penal
Code, to local law enforcement;
(2) shall provide the referral required by Section
171.020(2);
(3) shall provide the woman with access to a telephone
in a private room; and
(4) may not perform the abortion until:
(A) 48 hours have elapsed:
(i) since the woman last communicated to
the physician, through the form or otherwise, that the woman was
being forced or coerced to have or seek an abortion; or
(ii) to the best of the physician's
knowledge, since the woman last communicated to an agent of the
physician that the woman was being forced or coerced to have or seek
an abortion; and
(B) the woman provides her voluntary and informed
consent that the woman states is not a result of coercion.
(d) A person who is a volunteer for or an employee of a
physician or an office or facility at which abortions are performed
shall immediately notify the physician who is to perform an
abortion on a woman if the woman communicates to the person that the
woman is being forced or coerced to have or seek an abortion.
Sec. 171.020. REFERRAL TO DOMESTIC VIOLENCE ASSISTANCE.
The department shall require each physician who performs an
abortion to:
(1) maintain a list of domestic violence shelters and
assistance programs that do not:
(A) provide abortions or abortion-related
services;
(B) make referrals to abortion providers; or
(C) affiliate or contract with entities that:
(i) provide abortions or abortion-related
services; or
(ii) make referrals to abortion providers;
and
(2) provide a referral to a domestic violence shelter
or assistance program that does not provide or refer for abortions
if the woman seeking an abortion communicates to the facility, the
physician, or an agent of the physician who is performing the
abortion that the woman is being abused or is being coerced to have
or seek the abortion.
Sec. 171.021. CONTENTS OF FORM. (a) The department shall
develop a coerced abortion form to be completed by each woman on
whom an abortion is performed in this state. The form must include:
(1) the following title centered on the page in
boldfaced capital letters in 26-point font or larger: "NOTICE";
(2) the following statement printed in 16-point font
or larger: "It is against the law for a person, regardless of that
person's relationship to you, to coerce or force you to have or seek
an abortion. By law, a physician cannot perform an abortion,
including inducing, prescribing for, or otherwise providing the
means for an abortion, unless you give your voluntary and informed
consent without coercion or force. It is against the law for a
physician to perform an abortion against your will. You have the
right to a telephone in a private room to contact any local or state
law enforcement agency to receive protection from any actual or
threatened physical abuse or violence.";
(3) the following statements printed in 14-point font
or larger followed by spaces for the woman to initial:
(A) "I understand that I have the right to access
a telephone in a private room to contact a local or state law
enforcement agency to receive protection from any actual or
threatened physical abuse or violence.";
(B) "I have been informed in person that no one
can coerce or force me to have or seek an abortion and that an
abortion cannot be provided to me unless I provide my freely given,
voluntary, and informed consent."; and
(C) "I have read the above notice and understand
that I have legal protection against being coerced or forced to have
or seek an abortion.";
(4) spaces for the signature of the woman on whom an
abortion is to be performed and the date the form was completed; and
(5) spaces for the license number, area of specialty,
and signature of the physician who performed the abortion.
(b) The department shall provide the form required by
Subsection (a) in both English and Spanish.
(c) If the department determines that a substantial number
of residents in this state speak a primary language other than
English or Spanish, the department shall provide the form required
by Subsection (a) in that language. The department shall instruct a
facility that provides abortions to provide the coerced abortion
form in a language other than English or Spanish if the department
determines that a substantial number of residents in the area speak
a primary language other than English or Spanish.
Sec. 171.022. PROVISION AND RETENTION OF COERCED ABORTION
FORM. (a) The department shall provide a copy of this section and
Sections 171.019-171.021 and the coerced abortion form required by
Section 171.019 to:
(1) a physician who becomes newly licensed to practice
in this state, not later than the 30th day after the date the
physician receives the license; and
(2) all physicians licensed to practice in this state,
not later than December 1 of each year.
(b) A copy of the coerced abortion form certified by the
woman shall be placed in the woman's medical file and kept until at
least the seventh anniversary of the date on which the form was
signed or, if the woman is a minor, at least until the date the woman
reaches 20 years of age, whichever is later.
(c) The woman on whom an abortion is performed shall be
given a copy of the completed coerced abortion form in person before
the woman leaves the facility where the abortion is performed.
Sec. 171.023. SIGN POSTING. (a) An office or facility at
which abortions are performed shall post the following sign:
"NOTICE: It is against the law for a person, regardless of that
person's relationship to you, to coerce or force you to have or seek
an abortion. By law, a physician cannot perform an abortion,
including inducing, prescribing for, or otherwise providing the
means for an abortion, unless you give your voluntary and informed
consent without coercion or force. It is against the law for a
physician to perform an abortion against your will. You have the
right to a telephone in a private room to contact any local or state
law enforcement agency to receive protection from any actual or
threatened physical abuse or violence."
(b) The sign described by Subsection (a) must be:
(1) printed with lettering that is legible and in at
least two-inch boldfaced type; and
(2) printed and posted in both English and Spanish, as
well as any language other than English or Spanish if it is likely
that a substantial number of the residents in the area speak a
language other than English or Spanish as their familiar language.
(c) An office or facility at which abortions are performed
shall conspicuously post the sign described by Subsection (a) in
each patient waiting room and each patient consultation room
regularly used by patients seeking abortions.
(d) If requested by a patient, the office or facility shall
provide the patient:
(1) a paper copy of the sign described by Subsection
(a) in the language preferred by the patient; and
(2) access to a telephone in a private room.
SECTION 4. Chapter 6, Code of Criminal Procedure, is
amended by adding Article 6.11 to read as follows:
Art. 6.11. REPORTS OF COERCION OF ABORTION. A peace officer
who receives a report of or other information indicating the
commission or attempted commission of an alleged offense under
Section 25.12, Penal Code, shall file a police report as necessary
to ensure that law enforcement may investigate the alleged offense.
SECTION 5. Chapter 25, Penal Code, is amended by adding
Section 25.12 to read as follows:
Sec. 25.12. COERCION OF ABORTION. (a) A person commits an
offense if the person uses coercion to induce a pregnant woman to
have or seek an abortion.
(b) An offense under this section is a Class B misdemeanor.
(c) A person who in good faith reports to law enforcement
authorities a suspected offense under Subsection (a) is immune from
civil liability in an action brought against the person for
reporting the suspected offense.
SECTION 6. (a) Not later than December 1, 2013, the
Department of State Health Services shall develop and make
available the form required by Subchapter B, Chapter 171, Health
and Safety Code, as amended by this Act, along with instructions for
completing the form.
(b) Not later than December 1, 2013, the Department of State
Health Services shall develop and make available the sign required
by Section 171.023, Health and Safety Code, as added by this Act.
(c) Not later than January 1, 2014, the Department of State
Health Services shall distribute forms as required by Section
171.022(a), Health and Safety Code, as added by this Act.
SECTION 7. This Act takes effect September 1, 2013.