Washington Parental Notification of Abortion Act (SB 5185)

This law was last updated on Jan 17, 2019

State

Washington

Number

SB 5185

Status

Proposed

Jan 15, 2019

Topics

"Coercion" Tests, Parental Involvement, Reporting Requirements

Full Bill Text

lawfilesext.leg.wa.gov

SB 5185 would prohibit any person from performing an abortion upon a pregnant minor unless that person has given at least 48 hours actual notice (in person or over the phone) to one parent or the legal guardian of the pregnant minor of his or her intention to perform the abortion.

If actual notice is not possible after a reasonable effort, the person or his or her agent must give 48 hours constructive notice (certified mail).

Notice would not be required if:

The attending physician certifies in the pregnant minor’s medical record that a medical emergency exists and there is insufficient time to provide the required notice;
Notice is waived in writing by the person who is entitled to notice; or
Notice is waived by court order.

A person who intentionally performs an abortion with knowledge that or with reckless disregard as to whether the person upon whom the abortion is to be performed is a pregnant minor without providing the required notice would be guilty of a gross misdemeanor.

The bill goes on to describe the procedure for a pregnant minor to petition for a court waiver.

Coerced Abortion

The bill would prohibit a parent, legal guardian, or any other person from coercing a pregnant minor to have an abortion performed.

Any person who coerces a pregnant minor to have an abortion would be guilty of a gross misdemeanor.

Reporting Requirements

The bill would require a monthly report indicating the number of notices issued, the number of times in which exceptions were made to the notice requirement, the type of exception, the pregnant minor’s age, and the number of prior pregnancies and prior abortions of the pregnant minor to be filed with the department.

A compilation of the data reported would need to be made by the department on an annual basis.

Related Legislation

Identical to SB 5320, which failed to pass during the 2017-2018 legislative session.

Similar to HB 1493, which failed to pass during the 2015-2016 legislative session.

Latest Action

1/15/19 – Introduced; referred to Law & Justice Committee.