| 1 | Representative(s) Gannon offered the following: |
| 2 |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Remove line(s) 131-198 and insert: |
| 5 | (4) PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.-- |
| 6 | (a) A minor may petition any circuit court for a waiver of |
| 7 | the notice requirements of subsection (3) and may participate in |
| 8 | proceedings on her own behalf. The petition may be filed under a |
| 9 | pseudonym. The court shall maintain the petition and any |
| 10 | supporting documentation under seal. The petition must include a |
| 11 | statement that the petitioner is pregnant, and notice has not |
| 12 | been waived. The court shall advise the minor that she has a |
| 13 | right to court-appointed counsel and shall provide her with |
| 14 | counsel upon her request at no cost to the minor. |
| 15 | (b) Court proceedings under this subsection must be given |
| 16 | precedence over other pending matters to the extent necessary to |
| 17 | ensure that the court reaches a prompt decision. The court shall |
| 18 | rule, and issue written findings of fact and conclusions of law, |
| 19 | within 48 hours after the petition is filed, except that the 48- |
| 20 | hour limitation may be extended at the request of the minor. If |
| 21 | the court fails to rule within the 48-hour period and an |
| 22 | extension has not been requested, the petition is granted, and |
| 23 | the notice requirement is waived. |
| 24 | (c) If the court finds, by clear and convincing evidence, |
| 25 | that the minor is sufficiently mature to decide whether to |
| 26 | terminate her pregnancy, the court shall issue an order |
| 27 | authorizing the minor to consent to the performance or |
| 28 | inducement of a termination of pregnancy without the |
| 29 | notification of a parent or guardian. If the court does not make |
| 30 | the finding specified in this paragraph or paragraph (d), it |
| 31 | must dismiss the petition. |
| 32 | (d) If the court finds, by clear and convincing evidence, |
| 33 | that there is evidence of child abuse or sexual abuse of the |
| 34 | petitioner by one or both of her parents or her guardian or that |
| 35 | the notification of a parent or guardian is not in the best |
| 36 | interest of the petitioner, the court shall issue an order |
| 37 | authorizing the minor to consent to the performance or |
| 38 | inducement of a termination of pregnancy without the |
| 39 | notification of a parent or guardian. If the court finds |
| 40 | evidence of child abuse or sexual abuse of the minor petitioner |
| 41 | by any person, the court shall report the evidence of child |
| 42 | abuse or sexual abuse of the petitioner to the appropriate |
| 43 | agency or law enforcement agency. If the court does not make the |
| 44 | finding specified in this paragraph or paragraph (c), it must |
| 45 | dismiss the petition. |
| 46 | (e) A court that conducts proceedings under this section |
| 47 | shall provide for a written transcript of all testimony and |
| 48 | proceedings, issue written and specific factual findings and |
| 49 | legal conclusions supporting its decision, and order that a |
| 50 | confidential record of the evidence and the judge's findings and |
| 51 | conclusions be maintained. At the hearing, the court shall hear |
| 52 | evidence relating to the emotional development, maturity, |
| 53 | intellect, and understanding of the minor and all other relevant |
| 54 | evidence. |
| 55 | (f) An expedited confidential appeal shall be available, |
| 56 | as the Supreme Court provides by rule, to any minor to whom the |
| 57 | circuit court denies a waiver of notice. An order authorizing a |
| 58 | termination of pregnancy without notice is not subject to |
| 59 | appeal. |
| 60 | (g) No filing fees or court costs shall be required of any |
| 61 | pregnant minor who petitions a court for a waiver of parental |
| 62 | notification under this subsection at either the trial or the |
| 63 | appellate level. |
| 64 | (h) No county shall be obligated to pay the salaries, |
| 65 | costs, or expenses of any counsel appointed by the court under |
| 66 | this subsection. |
| 67 | (5) PROCEEDINGS.--The Supreme Court is requested to adopt |
| 68 | rules and forms for petitions to ensure that proceedings under |
| 69 | subsection (4) are handled expeditiously and in a manner that |
| 70 | will satisfy the requirements of state and federal courts. The |
| 71 | Supreme Court is also requested to adopt rules to ensure that |
| 72 | the hearings protect the minor's confidentiality and the |
| 73 | confidentiality of the proceedings. |
| 74 | (6) REPORT.--The Supreme Court, through the Office of the |
| 75 | State Courts Administrator, shall report by February 1 of each |
| 76 | year to the Governor, the President of the Senate, and the |
| 77 | Speaker of the House of Representatives on the number of |
| 78 | petitions filed under subsection (4) for the preceding year and |
| 79 | the timing and manner of disposal of such petitions by each |
| 80 | circuit court. |
| 81 |
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| 82 | ================ T I T L E A M E N D M E N T ============= |
| 83 | Remove line(s) 12-23 and insert: |
| 84 | malpractice; prescribing a procedure for judicial waiver of |
| 85 | notice; providing for notice of right to counsel; providing for |
| 86 | issuance of a court order authorizing consent to a termination |
| 87 | of pregnancy without notification; providing for dismissal of |
| 88 | petitions; requiring the issuance of written findings of fact |
| 89 | and legal conclusions; providing for expedited appeal; providing |
| 90 | for waiver of filing fees and court costs; precluding assumption |
| 91 | of certain expenses by counties; requesting the Supreme Court to |
| 92 | adopt rules; requiring the Supreme Court to report annually to |
| 93 | the Governor and the Legislature; providing an effective date. |