Budget Amendment ID: FY2021-S4-180.1-R1
Redraft Further EHS 180.1
Fatal Fetal Anomaly
Messrs. O'Connor, Tarr and Tran moved that the amendment be amended by striking out the underlying amendment and inserting in place thereof the following:-
SECTION_. Section 12L of Chapter 112 of the General Laws, as so appearing is hereby amended by striking the section its entirety and inserting in place thereof the following:-“ The Commonwealth shall not interfere with a person’s personal decision and ability to prevent, commence, terminate, or continue their own pregnancy consistent with this chapter. The Commonwealth shall not restrict the use of medically appropriate methods of abortion or the manner in which medically appropriate abortion is provided.”
SECTION _. Section 12M of Chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word “health” the following:-
in the best medical judgment of the physician, an abortion is warranted because of a lethal fetal anomaly, or the fetus is incompatible with sustained life outside the uterus.
SECTION _. Section 12S of Chapter 112 of the General Laws, as so appearing, is hereby amended by striking the following:-“If a pregnant woman less than eighteen years of age has not married and if one or both of her parents or guardians refuse to consent to the performance of an abortion, or if she elects not to seek the consent of one or both of her parents or guardians, a judge of the superior court department of the trial court shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the abortion if said judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or, if said judge determines that she is not mature, that the performance of an abortion upon her would be in her best interests. A pregnant woman less than eighteen years of age may participate in proceedings in the superior court department of the trial court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court appointed counsel, and shall, upon her request, provide her with such counsel. Proceedings in the superior court department of the trial 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 superior court department of the trial court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting his decision and shall order a record of the evidence to be maintained including his own findings and conclusions.” And inserting in place thereof the following:-“ If a pregnant woman less than eighteen years of age has not married and if one or both of her parents or guardians refuse to consent to the performance of an abortion, or if she elects not to seek the consent of one or both of her parents or guardians, a judge of the superior court department of the trial court or a judge of the district court of the trial court shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the abortion if said judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or, if said judge determines that she is not mature, that the performance of an abortion upon her would be in her best interests. A pregnant woman less than eighteen years of age may participate in proceedings in the superior court department of the trial court or the district court of the trial court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court appointed counsel, and shall, upon her request, provide her with such counsel. Proceedings in the superior court department of the trial court or in the district court department of the trial 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 superior court department of the trial court or judge of the district court department of the trial court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting their decision and shall order a record of the evidence to be maintained including their own findings and conclusions.”
SECTION_. Notwithstanding any general or special law to the contrary there shall be special commission established to study minor consent for an abortion. The commission shall be compromised of 17 members, the secretary of health and human services who shall serve as the chair; 1 member appointed by the attorney general of the commonwealth whom shall have experience with regards to minor consent and other relevant areas of the law; 1 member appointed by the chief justice of the juvenile court; 3 members appointed by the speaker of the house; 1 member appointed by the minority leader of the house; 3 members appointed by the president of the senate; 1 member appointed by the minority leader of the senate; 6 members appointed by the governor, 1 of whom shall be from a list of 3 nominees submitted by planned parenthood of Massachusetts, 1 of whom shall be from a list of 3 nominees submitted by Massachusetts citizens for life, 1 of whom shall be from a list of 3 nominees submitted by the Massachusetts medical society who shall have experience in the field of gynecology and obstetrics, 2 of whom shall be from a list of 3 nominees submitted by an organization representing parents in the commonwealth, 1 of whom shall be from a list of 3 nominees submitted by an organization assisting victims of domestic abuse in the commonwealth.
The commission shall conduct a comprehensive study of all issues and impacts around minor consent for abortion including but not limited to, public health, impacts on minors seeking abortions, families, judicial system, and any other related issues.
The commission shall submit a report along with legislative recommendations within 18 months of the passage of this act. Said report shall be submitted to the clerks of the house and senate, the joint committee on public health, and the joint committee on the judiciary.