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Mo. General Assembly considers civil lawsuits to curb cross-state abortions

Published Feb. 10, 2004

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Assisting a minor who wants to get an abortion across state lines could land you in civil court.

A bill sponsored by Sen. John Loudon, R-St. Louis County, aimed at stopping minors from getting abortions without parental permission was voted out of the Judiciary and Civil and Criminal Jurisprudence Committee on Feb. 2, Loudon's Chief of Staff Scott Crosby said. The bill now will move on to the Senate floor to be discussed.

"Basically, we are trying to prohibit individuals from assisting minors crossing state lines to get abortions," Crosby said.

Missouri law states minors must have parental permission to get an abortion. However, some minors cross into Illinois to receive abortions because that state does not prohibit minors from getting abortions, Crosby said.

"Minors are circumventing the law by driving across state lines," Crosby said.

Crosby also said some Illinois abortion clinics have been advertising in Missouri phone books stating they do not have laws preventing minors from having abortions.

According to the bill "no person shall intentionally cause, aid or assist a minor to obtain an abortion without the required informed consent. Any person who has sufficient contact with this state and violates this act shall be civilly liable to the minor and to the person required to obtain informed consent."

The bill would allow courts to award damages, including attorney fees and litigation costs as well as compensation for emotional injury.

"If a minor is driven by a friend, that friend would be held liable," Crosby said. "If a woman called a cab driver and he didn't know (she was a minor), he probably would not be liable. Whether clinics could be held liable is still up in the air."

Angie Vo, director of the upcoming Pro-Choice/Pro-Fashion Show, said she feels the bill is unfair to minors.

"Anyone dealing with a crisis pregnancy will turn to those who she trusts the most, and sometimes it is not her parents," she said. "Those aiding her should not be punished for helping a loved one in need."

Mizzou Justice For All spokesman Jonathan Block said the organization does not comment on specific legislative actions because it is not a political organization.

"In a broad sense we support legislation that creates a culture where the sanctity of life is protected," he said. "The public is becoming increasingly uncomfortable with the sacrifice of the unborn on the altar of medical convenience, and this bill is a reflection of that."

A similar bill passed in the Senate last year, but was stalled in the House because of debates regarding the law requiring a 24-hour wait period for abortions, Crosby said.

"Hopefully we can debate it on the floor soon," he said.

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