2.__Petition requirements.__The petition must be made under oath and must include all of the following:

A.__A statement that the petitioner is pregnant;

B.__A statement that the petitioner is unemancipated;

C.__A statement that the petitioner wishes to have an abortion without the notification of her parent;

D.__An allegation of one or both of the following:

(1)__That the petitioner is sufficiently mature and informed to intelligently decide whether to have an abortion without the notification of her parent; or

(2)__That the petitioner's parent was engaged in a pattern of physical, sexual or emotional abuse against her or that the notification of her parent otherwise is not in her best interest; and

E.__A statement as to whether the petitioner has retained an attorney and, if she has retained an attorney, the name, address and telephone number of her attorney.

§8403.__Procedural provisions

1.__Hearing; judgment; constructive order.__The court shall fix a time for a hearing on any petition filed under this chapter and shall keep a record of all testimony and other oral proceedings in the action.__The court shall hear and determine the action and may not refer any portion of it to a referee.__The hearing must be held at the earliest possible time, but not later than the 5th business day after the day that the petition is filed.__The court shall enter judgment on the petition immediately after the hearing is concluded.__If the hearing required by this section is not held by the 5th business day after the petition is filed, the failure to hold the hearing is deemed to be a constructive order of the court authorizing the petitioner to consent to the performance or inducement of an abortion without the notification of her parent, and the petitioner and any other person may rely on the constructive order as if the court actually had issued an order under this section authorizing the petitioner to consent to the performance or inducement of an abortion without the notification of her parent.

2.__Guardian ad litem.__The court shall appoint a guardian ad litem to protect the interests of the petitioner at the hearing that is held pursuant to this section.__If the petitioner has not retained an attorney, the court shall appoint an attorney to represent her.__If the guardian ad litem is an attorney admitted to practice law in the State, the court may appoint the guardian ad litem to serve also as the petitioner's attorney.

§8404.__Standards of review

1.__Allegation of competence.__If the petitioner makes only the allegation set forth in section 8402, subsection 2, paragraph D, subparagraph (1) and if the court finds, by clear and convincing evidence, that the petitioner is sufficiently mature and informed to decide intelligently whether to have an abortion, the court shall issue an order authorizing the petitioner to consent to the performance or inducement of an abortion without the notification of her parent.__If the court does not make such a finding, the court shall dismiss the petition.

2.__Allegation of abuse.__If the petitioner makes only the allegation set forth in section 8402, subsection 2, paragraph D, subparagraph (2) and if the court finds, by clear and convincing evidence, that there is evidence of a pattern of physical, sexual or emotional abuse of the petitioner by a parent or that the notification of the parent of the petitioner otherwise is not in the best interest of the petitioner, the court shall issue an order authorizing the petitioner to consent to the performance or inducement of an abortion without the notification of her parent.__ If the court does not make such a finding, the court shall dismiss the petition.

3.__Allegations of competence and abuse.__If the petitioner makes both of the allegations set forth in section 8402, subsection 2, paragraph D, subparagraphs (1) and (2), the court shall proceed as follows.

A.__The court first shall determine whether it can make the finding specified in subsection 1 and, if so, shall issue an order pursuant to that subsection.__If the court issues such an order, it may not review the allegation made under section 8402, subsection 2, paragraph D, subparagraph (2).__ If the court does not make the finding specified in subsection 1, it shall review the allegation made under section 8402, subsection 2, paragraph D, subparagraph (2).

B.__If the court pursuant to paragraph A does not make the finding specified in subsection 1, it shall determine whether it can make the finding specified in subsection 2 and, if so, shall issue an order pursuant to that subsection.__If the court does not make the finding specified in subsection 2, the court shall dismiss the petition.

§8405.__Miscellaneous provisions

1.__Notice prohibited.__The court may not notify the parent of the petitioner that the petitioner is pregnant or that she wants to have an abortion.

2.__Notice of right to appeal.__If the court dismisses the petition, it immediately shall notify the petitioner that she has a right to appeal pursuant to section 8406.

3.__Confidentiality.__Each hearing under section 8403 must be conducted in a manner that will preserve the anonymity of the petitioner.__The petition and all other papers and records that pertain to an action commenced under this chapter are confidential and are not public records under Title 1, chapter 13 or any other provision of law.

4.__Forms.__The Supreme Judicial Court shall prescribe petition and notice of appeal forms to be used by a petitioner filing a petition under this section and by an appellant filing an appeal.__The clerk of each trial court shall furnish blank copies of the forms, without charge, to any person who requests them.

5.__Filing fee.__A filing fee may not be required of and court costs may not be assessed against a petitioner filing a petition under section 8402 or an appellant filing an appeal pursuant to section 8406.

6.__Presumed unemancipated.__For purposes of prosecutions for a violation of Title 22, section 1600-A, it is a rebuttable presumption that a woman who is unmarried and under 18 years of age is unemancipated.

§8406.__Appeal

A petitioner whose petition under this chapter is dismissed by the Probate Court or District Court may appeal in accordance with this section.

1.__Docketing of appeal.__Within 4 days after a notice of appeal is filed in an action arising under this chapter, the clerk of the trial court shall deliver a copy of the notice of appeal and the record on appeal to the Clerk of the Supreme Judicial Court named in the notice.__Upon receipt of the notice and record, the Clerk of the Supreme Judicial Court shall place the appeal on the docket of the court.

2.__Briefs and decision.__The appellant's brief must be filed within 4 days after the appeal is docketed.__Unless the appellant waives the right to oral argument, the Supreme Judicial Court shall hear oral argument within 5 days after the appeal is docketed.__The Supreme Judicial Court shall enter judgment on the appeal immediately after the oral argument or, if oral argument has been waived, within 5 days after the appeal is docketed.

3.__Filing fee.__A filing fee may not be required of and court costs may not be assessed against an appellant who appeals under this section.

4.__Procedures; constructive order.__Upon motion of the appellant and for good cause shown, the Supreme Judicial Court may shorten or extend any of the maximum times set forth in this section.__If judgment is not entered within 5 days after the appeal is docketed, the failure to enter judgment is deemed to be a constructive order of the court authorizing the appellant to consent to the performance or inducement of an abortion without the notification of her parent and the appellant and any other person may rely on the constructive order as if the court actually had entered judgment under this section authorizing the appellant to consent to the performance or inducement of an abortion without the notification of her parent.

In the interest of justice, the Supreme Judicial Court, in an appeal under this section, shall liberally modify or dispense with the formal requirements that normally apply to the contents and form of an appellant's brief.

5.__Confidentiality.__All proceedings under this section must be conducted in a manner that will preserve the anonymity of the appellant on appeal.__The notice of appeal and all papers and records that pertain to an appeal under this section are confidential and are not public records under Title 1, chapter 13 or any other provision of law.

Sec. 3. 22 MRSA c. 263-B is amended by repealing the chapter headnote and enacting the following in its place:

CHAPTER 263-B

ABORTIONS

SUBCHAPTER I

ABORTIONS GENERALLY

Sec. 4. 22 MRSA §1597-A, as amended by PL 1993, c. 600, Pt. B, §21, is repealed.

Sec. 5. 22 MRSA §1598, sub-§1, as amended by PL 1993, c. 61, §2, is further amended to read:

1. Policy. It is the public policy of the State that the State not restrict a woman's exercise of her private decision to terminate a pregnancy before viability except as provided in section 1597-A Title 14, chapter 751. After viability an abortion may be performed only when it is necessary to preserve the life or health of the mother. It is also the public policy of the State that all abortions may be performed only by a physician.

Sec. 6. 22 MRSA c. 263-B, sub-c. II is enacted to read:

SUBCHAPTER II

ABORTIONS FOR MINORS

§1600.__Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Parent.__"Parent" means one of a pregnant woman's parents or a guardian or custodian.

2.__Physician.__"Physician" means a person licensed under Title 32, chapter 36 or 48 to practice medicine in the State as a medical or osteopathic physician.

3.__Specified relative.__"Specified relative" means a brother or sister who is 21 years of age or older or a stepparent or grandparent of a pregnant woman.

4.__Trial court.__"Trial court" means a District Court in whose district a pregnant woman has her residence, a District Court in whose district a hospital, clinic or other facility in which an abortion would be performed or induced is located, a Probate Court in whose county a pregnant woman has her residence or a Probate Court in whose county a hospital, clinic or other facility in which an abortion would be performed or induced is located.

5.__Unemancipated.__"Unemancipated" means a woman who is unmarried, is under 18 years of age, is not in the Armed Forces of the United States and is not employed full time and self- subsisting or otherwise independent from the care and control of her parent.

§1600-A.__Parental consent required

A physician may not knowingly perform or induce an abortion for an unemancipated pregnant woman unless at least one of the following applies.

1.__Notice given.__Subject to this section, the physician has given at least 24 hours' actual notice, in person or by telephone, to the woman's parent of the intention to perform or induce the abortion, except that, if the pregnant woman has requested that notice be given to a specified relative in accordance with section 1600-C and if the physician is notified by a court that affidavits described in section 1600-C have been filed with that court, the 24 hours' actual notice described in this section of the intention to perform or induce the abortion must be given, in person or by telephone, to the specified relative instead of to the parent.

2.__Written consent.__The pregnant woman's parent has consented in writing to the performance or inducement of the abortion.

3.__Court order.__A court pursuant to Title 14, chapter 751 issues an order authorizing the pregnant woman to consent to the abortion without notification of her parent.

4.__Constructive order.__The failure to hold the hearing pursuant to Title 14, section 8403 is deemed to be a constructive order of the court authorizing the pregnant woman to consent to the performance or inducement of an abortion without the notification of the pregnant woman's parent, and the pregnant woman and any other person may rely on the constructive order as if the court actually had issued an order under this section authorizing the pregnant woman to consent to the performance or inducement of an abortion without the notification of her parent pursuant to Title 14, section 8403, subsection 1 or Title 14, section 8406, subsection 4.

§1600-B.__Coercion prohibited

A parent or any other person may not coerce an unemancipated pregnant woman to have an abortion performed or induced.__If the pregnant woman is denied financial support by her parent due to her refusal to have an abortion performed or induced, the pregnant woman is deemed emancipated for the purposes of eligibility for public assistance benefits, except that the benefits may not be used to obtain an abortion.

§1600-C.__Consent of specified relative

If an unemancipated pregnant woman desires that notification of a physician's intention to perform or induce an abortion on that pregnant woman be given to a specified relative instead of to her parent, the physician who intends to perform or induce the abortion shall notify the specified relative instead of the parent for purposes of section 1600-A, subsection 1 if all of the following apply:

1.__Identification reviewed.__The pregnant woman has requested that the physician provide notification to the specified relative and has identified clearly the specified relative and her relation to that person;

2.__Affidavit of pregnant woman required.__The pregnant woman has:

A.__Executed an affidavit stating that she is in fear of physical, sexual or severe emotional abuse from her parent who otherwise would be notified under section 1600-A, subsection 1 and that the fear is based on a pattern of physical, sexual or severe emotional abuse exhibited by that parent;

B.__Filed the affidavit with the trial court that has jurisdiction over the county or district in which the pregnant woman has a residence or the trial court having jurisdiction over the county or district in which the hospital, clinic or other facility in which the abortion would be performed or induced is located; and

C.__Given the court written notice of the name and address of the physician who intends to perform or induce the abortion;

3.__Affidavit of specified relative required.__The specified relative has executed an affidavit stating that the pregnant woman has reason to fear physical, sexual or severe emotional abuse from the parent who otherwise would be notified under section 1600-A, subsection 1 based on a pattern of physical, sexual or severe emotional abuse by that parent and the pregnant woman has filed with the trial court the affidavit described in subsection 2; and

4.__Filing of affidavits.__The trial court in which the affidavits described in subsections 2 and 3 were filed has notified the physician that both affidavits have been filed with the court.

A physician shall file a monthly report indicating the number of notices issued under this subchapter and the number of times in which exceptions were made to the notice requirement under this section, as well as the type of exception, with the department on forms prescribed by the department.__A patient's name may not be used on the forms.__A compilation of the data reported must be made by the department on an annual basis and must be available to the public.

§1600-D.__Documentation; notice

If an affidavit described in section 1600-C, subsection 2 and an affidavit described in section 1600-C, subsection 3 are filed with a trial court and the court has been provided with written notice of the name and address of the physician who intends to perform or induce an abortion for the pregnant woman to whom the affidavits pertain, the court promptly shall notify the physician who intends to perform or induce the abortion that the affidavits have been filed.__The notice to the physician must be given in person or by telephone.

1.__Failure of notice.__If the parent can not be reached for purposes of section 1600-A, subsection 1 after a reasonable effort or if notification is to be given to a specified relative under section 1600-C and the specified relative can not be reached for purposes of section 1600-A, subsection 1 after a reasonable effort, a physician may not perform or induce an abortion without giving at least 48 hours' constructive notice to the parent by both certified and ordinary mail sent to the last known address of the parent or, if notification for purposes of section 1600-C is to be given to a specified relative, without giving at least 48 hours' constructive notice to that specified relative by both certified and ordinary mail sent to the last known address of that specified relative.__The 48-hour period begins when the certified mail notice is received and signed for by the parent or the specified relative.__If the parent of the pregnant woman or the specified relative, if notification under section 1600-C is to be given to a specified relative, is not reached within a 48-hour period, the abortion may be performed or induced even if the certified mail notice is not received.

If the parent or the specified relative who has been notified in accordance with section 1600-C clearly and unequivocally expresses a decision not to consult with the pregnant woman before the pregnant woman's abortion, then the abortion may be performed or induced without any further waiting period.

§1600-E.__Unlawful abortion

A physician who violates section 1600-A commits unlawful abortion, which is a Class D crime.__If the offender previously has been convicted of a violation of section 1600-A, unlawful abortion is a Class C crime.

A physician who violates the provisions of this subchapter commits unprofessional conduct, and the physician's license to practice is subject to suspension or revocation in accordance with the procedures provided under Title 32, chapter 36, subchapter V or Title 32, chapter 48, subchapter II.

§1600-F.__Violation; penalties

A person who violates the provisions of this subchapter is liable to the pregnant woman and the pregnant woman's parent for civil compensatory and punitive damages.

§1600-G.__Affirmative defenses

1.__False, misleading or incorrect information.__It is an affirmative defense to a charge under section 1600-E that the pregnant woman provided the physician who performed or induced the abortion with false, misleading or incorrect information about the pregnant woman's age, marital status or emancipation, about the age of a brother or sister to whom the pregnant woman requested notice be given as a specified relative instead of the pregnant woman's parent or about the last known phone number and address of the pregnant woman's parent or the specified relative to whom the pregnant woman requested notice be given and that the physician who performed or induced the abortion did not otherwise have reasonable cause to believe that the pregnant woman was under 18 years of age, unmarried or unemancipated, that the brother or sister to whom she requested notice be given as a specified relative was not 21 years of age or that the last known phone number and address of the pregnant woman's parent or specified relative were incorrect.

2.__Immediate threat of serious risk.__It is an affirmative defense to a charge under section 1600-E that compliance with the requirements of section 1600-A was not possible because an immediate threat of serious risk to the life or physical health of the pregnant woman from the continuation of the pregnancy created an emergency necessitating the immediate performance or inducement of an abortion.

SUMMARY

This bill requires parental notification before an abortion is performed or induced on a pregnant minor.

The bill requires that notification be provided to one parent or, when the minor is in fear of physical, sexual or emotional abuse from a parent, to a specified relative, who may be a grandparent, a stepparent or a sister or brother who is 21 years of age or older.

The bill also allows for alternative procedures whereby the minor may seek court approval for the proposed abortion and establishes the procedures for judicial review and appeals.