2019 -- H 5710

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LC000537

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

     Introduced By: Representatives Vella-Wilkinson, Williams, Morin, and Jackson

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by

adding thereto the following section:

     11-9-4.1. Contributing to delinquency -- Causing, aiding in or assisting in an

abortion prohibited.

     Any person except for a minor who knowingly or willfully encourages, aids, or

contributes to the transportation of a child under the age of eighteen (18) years across a state line

with the intent that the minor child obtain an abortion without the consent required pursuant to §

23-4.7-6 shall, in addition to any civil penalties imposed thereunder, be guilty of a felony and,

upon conviction, be subject to imprisonment for not more than five (5) years, a fine of not more

than five thousand dollars ($5,000), or both.

     SECTION 2. Section 23-4.7-6 of the General Laws in Chapter 23-4.7 entitled "Informed

Consent for Abortion" is hereby amended to read as follows:

     23-4.7-6. Minors -- Parental consent -- Judicial proceedings.Minors -- Parental

consent -- Judicial proceedings -- Causing, aiding, or assisting a minor to obtain an abortion

prohibited.

     (a) Except in the case of a minor who has been found by a court of competent jurisdiction

to be emancipated, if a pregnant woman is less than eighteen (18) years of age and has not

married, an abortion shall not be performed upon her unless both the consent of the pregnant

woman and that of at least one of her parents is obtained, except as provided in this section. In

deciding whether to grant consent, a pregnant woman's parents shall consider only their child's

best interests. If both parents have died or are otherwise unavailable to the physician within a

reasonable time and in a reasonable manner, consent of the pregnant woman's legal guardian or

one of her guardians shall be sufficient. If a pregnant woman less than eighteen (18) years of age

has not married and if neither of her parents or guardians agree to consent to the performance of

an abortion, or if she elects not to seek the consent of either of her parents or guardians, a judge of

the family court shall, upon petition, or motion, and after an appropriate hearing, authorize a

physician to perform the abortion, if the judge determines that the pregnant woman is mature and

capable of giving informed consent to the proposed abortion or if the judge determines that she is

not mature, but that the performance of an abortion upon her would be in her best interests. A

pregnant woman less than eighteen (18) years of age may participate in proceedings in the family

court on her own behalf, and she shall be represented in her proceeding by a guardian ad litem.

Proceedings in the family court under this section shall be confidential and shall be given such

precedence over other pending matters that the court may reach a decision promptly and without

delay so as to serve the best interests of the pregnant woman. A judge of the family court who

conducts proceedings under this section shall make in writing specific factual findings and legal

conclusions supporting his or her decision and shall order a record of the evidence to be

maintained including his or her own findings and conclusions.

     (b) No person shall intentionally cause, aid, or assist a minor to obtain an abortion

without the consent or consents required pursuant to subsection (a) of this section.

     (c) Any person who knowingly transports a minor across a state line with the intent that

such minor obtain an abortion without the consent or consents required by subsection (a) of this

section shall, in addition to the penalties specified in subsection (d) of this section, be guilty of a

felony pursuant to § 11-9-4.1.

     (d) Penalties. Any person except for a minor who violates subsection (b) of this section

shall be civilly liable to the minor and to the person or persons required to give the consent or

consents under subsection (a) of this section. A court may award damages to the person or

persons adversely affected by a violation of subsection (b) of this section including compensation

for any emotional injury which shall be compensable without the need for personal presence at

the act or event causing the injury, and the court may further award attorneys' fees, litigation

costs, and punitive damages; provided, however, any adult who engages in or consents to another

person engaging in a sex act with a minor which results in the minor's pregnancy shall not be

awarded damages under this section.

     (e) It shall not be a defense to a civil claim or prosecution brought under subsections (b)

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and (c) of this section respectively, or § 11-9-4.1, that the abortion was performed or induced

pursuant to consent to the abortion given in a manner that is otherwise lawful in the state or place

where the abortion was performed or induced.

     (f) It shall be an affirmative defense to any civil claim or criminal prosecution based on a

violation of subsections (b) and (c) of this section, respectively, that the defendant reasonably

believed, based on information the defendant obtained directly from a parent of the minor, that

before the minor obtained the abortion the consent or consents required under subsection (a) of

this section had been obtained or that the defendant was presented with documentation showing

with a reasonable degree of certainty that a judge of the family court authorized a physician to

perform the abortion as provided under subsection (a) of this section.

     (g) An unemancipated minor shall not be deemed to have the capacity to consent to any

action in violation of sections (b) and (c) of this section.

     (h) Any minor upon whom an abortion was performed or attempted shall not be

criminally prosecuted under § 11-9-4.1 or be subject to civil liability for a violation of this

chapter. A parent or guardian of a minor upon whom an abortion was performed or attempted in

violation of this chapter shall not be subject to civil liability or prosecuted for a violation of

subsections (b) and (c) of this section, respectively, unless the parent or guardian engages in a sex

act with the minor which results in the minor's pregnancy, in which case, any consent given by

such parent or guardian in satisfaction of the requirements of subsection (a) of this section shall

be considered invalid and said parent or guardian may be sued or prosecuted for a violation of

subsections (b) and (c) of this section, respectively.

     (g) A court may enjoin conduct that would be in violation of subsections (b) and (c) of

this section upon petition by the attorney general, or any person adversely affected or who

reasonably may be adversely affected by such conduct, upon a showing that such conduct:

     (1) Is reasonably anticipated to occur in the future; or

     (2) Has occurred in the past, whether with the same minor individual or others, and that it

is not unreasonable to expect that such conduct will be repeated.

     SECTION 3. Chapter 23-4.7 of the General Laws entitled "Informed Consent for

Abortion" is hereby amended by adding thereto the following sections:

     23-4.7-9. Privacy of a woman upon whom an abortion is performed or attempted.

     In every proceeding or action brought under this chapter, the anonymity of any woman

upon whom an abortion was performed or attempted in violation of this chapter shall be

preserved from public disclosure unless consent to such disclosure is granted by the woman. The

court, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel, and

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shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing

rooms, to the extent necessary to safeguard the woman's identity from public disclosure. In the

absence of written consent of the woman upon whom an abortion was performed or attempted in

violation of this chapter, anyone who brings an action under this chapter shall do so under a

pseudonym.

     23-4.7-10. Construction.

     (a) Nothing in this chapter shall be construed as creating or recognizing a right to

abortion.

     (b) It is not the intention of this chapter to make lawful an abortion that is currently

unlawful.

     (c) The adoption of this chapter does not repeal or modify, by implication or otherwise,

any provision of state law not expressly amended by this chapter.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

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     This act would make the practice of aiding a minor in the process of getting an abortion a

civil and criminal offense.

     This act would take effect upon passage.

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