71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
House Bill 3878
Sponsored by Representative STARR
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires notice to parent or guardian before abortion is
performed on minor or ward, with specific exceptions. Establishes
administrative and judicial review process. Establishes civil
action for parent or guardian wrongfully denied notification.
Authorizes intervention by member of Legislative Assembly in
action challenging validity of Act.
A BILL FOR AN ACT
Relating to abortion.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 2001 Act:
(1) 'Minor' means any person who has not attained the age of 18
years and who is not emancipated or married.
(2) 'Parent' means a biological parent, adoptive parent,
stepparent or foster parent, or a relative of a minor with whom
the minor has a child-parent relationship.
(3) 'Ward' means a minor for whom a court has appointed a
guardian under ORS 125.305. + }
SECTION 2. { + (1) A person may not terminate the pregnancy of
a minor or a ward until at least 48 hours after the parent or
guardian receives written notice of the proposed termination sent
by certified mail, return receipt requested, to the residence of
the parent or guardian, with delivery restricted to the parent or
guardian.
(2) Receipt of notice under subsection (1) of this section is
deemed to occur not later than 12 noon on the second mail
delivery day after the mailing of the notice. + }
SECTION 3. { + (1) Notwithstanding section 2 of this 2001 Act,
a person may terminate the pregnancy of a minor or a ward if:
(a) The attending physician certifies in the medical record
that a medical emergency exists and there is insufficient time to
provide the notice required under section 2 of this 2001 Act;
(b) A judge authorizes termination of the pregnancy under
section 4 of this 2001 Act without the notice required by section
2 of this 2001 Act; or
(c) The person who is to terminate the pregnancy provides
notice in person to the parent or guardian.
(2) The parent or guardian receiving notice under subsection
(1)(c) of this section must provide the person providing notice
with:
(a) Current photographic identification issued by this state;
or
(b) A document on List A of the United States Department of
Justice Form I-9. + }
SECTION 4. { + (1)(a) A minor or ward may petition the circuit
court for waiver of the notice required by section 2 of this 2001
Act and may participate in the proceedings on the minor's or
ward's own behalf. The petition must include a statement that the
petitioner is pregnant and not married or emancipated.
(b) The court shall advise the petitioner of the right to
court-appointed counsel and shall provide the petitioner with
counsel upon request. The court may appoint a guardian ad litem
for the petitioner.
(2)(a) Proceedings under this section are confidential and must
ensure the anonymity of the petitioner. All proceedings under
this section must be sealed. The petitioner may file the petition
using a pseudonym or using the petitioner's initials.
(b) The proceedings on the petition must be given preference
over other pending matters to the extent necessary to ensure that
the court reaches a prompt decision.
(c) The court shall issue an order authorizing the petitioner
to consent to the abortion without notification of a parent or
guardian if the court finds, by clear and convincing evidence,
that notice is likely to threaten the health, welfare or safety
of the petitioner.
(d) If the court fails to rule within 48 hours and the time is
not extended, the petition is granted and the notice requirement
is waived.
(e) If the court does not make a finding specified in paragraph
(c) of this subsection, the court shall dismiss the petition.
(3)(a) A court that conducts proceedings under this section
shall issue written findings of fact and conclusions of law
supporting its decision and shall order that a confidential
record of the evidence, findings and conclusions be maintained.
(b) Records of a proceeding held pursuant to this section shall
be confidential and withheld from public inspection but shall be
open to inspection by the minor or ward or the counsel of the
minor or ward.
(4) The Supreme Court may adopt rules providing an expedited
confidential appeal by a petitioner if the circuit court denies a
petition. An order authorizing an abortion without notice is not
subject to appeal.
(5) Filing fees may not be required of a pregnant minor or ward
who:
(a) Petitions a court for a waiver of parental notification; or
(b) Appeals a denial of a petition. + }
SECTION 5. { + (1) In addition to remedies available under the
common law or statutory law of this state, failure of a person
terminating the pregnancy of a minor or a ward to comply with
section 2 of this 2001 Act shall:
(a) Give rise to civil liability in favor of a parent or
guardian.
(b) Provide the Board of Medical Examiners for the State of
Oregon a basis for refusing to grant, or suspending or revoking,
a license to practice under ORS 677.190.
(2) Subsection (1) of this section does not apply if the person
terminating the pregnancy of the minor or ward establishes that
the person reasonably relied upon the representations of the
minor or ward regarding information necessary to comply with
section 2 of this 2001 Act. + }
SECTION 6. { + The President of the Senate and the Speaker of
the House of Representatives may appoint one or more members of
the Legislative Assembly to intervene as a matter of right in any
action in which the validity of sections 1 to 5 of this 2001 Act
is challenged. + }
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