SENATE AMENDMENT

    Bill No. HB 3999, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment:

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13         Senate Amendment 

14         On page 8, line 8, through page 9, line 29, delete

15  those lines

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17  and insert:

18         (b)  Court Proceedings under this section shall be

19  confidential and shall ensure the anonymity of the minor. All

20  court proceedings under this section shall be sealed. The

21  minor shall have the right to file her petition in the circuit

22  court using a pseudonym or using solely her initials. All

23  documents related to this petition shall be confidential and

24  shall not be available to the public. Court proceedings under

25  this section shall be given precedence over other pending

26  matters to the extent necessary to ensure that the court

27  reaches a decision promptly. The court shall rule, and issue

28  written findings of fact and conclusions of law, within 48

29  hours of the time that the petition was filed, except that the

30  48-hour limitation may be extended at the request of the

31  minor. If the court fails to rule within the 48-hour period

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                                                  SENATE AMENDMENT

    Bill No. HB 3999, 1st Eng.

    Amendment No.    





 1  and an extension was not requested, then the petition shall be

 2  deemed to have been granted, and the notice requirement shall

 3  be waived.

 4         (c)  If the court finds, by clear and convincing

 5  evidence, that the minor is sufficiently mature to decide

 6  whether to terminate her pregnancy, the court shall issue an

 7  order authorizing the minor to consent to the performance or

 8  inducement of the termination of pregnancy without the

 9  notification of a parent or guardian.

10         (d)  A court that conducts proceedings under this

11  section shall issue written and specific factual findings and

12  legal conclusions supporting its decision and shall order that

13  a confidential record of the evidence and the judge's findings

14  and conclusions be maintained. At the hearing, the court shall

15  hear evidence relating to the emotional development, maturity,

16  intellect, and understanding of the minor.

17         (e)  An expedited confidential appeal shall be

18  available, as the Supreme Court provides by rule, to any minor

19  to whom the circuit court denies a waiver of notice. An order

20  authorizing a termination of pregnancy without notice shall

21  not be subject to appeal.

22         (f)  No filing fees shall be required of any pregnant

23  minor who petitions a court fee for a waiver of parental

24  notification under this subsection at either the trial or the

25  appellate level.

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