Bill Summary – FastDemocracy

PRINTER'S NO.   818
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 810
                                               Session of
                                                 2023
     INTRODUCED BY HANBIDGE, HOHENSTEIN, KINKEAD, KINSEY, SANCHEZ,
        PROBST, KENYATTA, MADDEN, SCHLOSSBERG, ROZZI, OTTEN,
        N. NELSON, KHAN AND MAYES, APRIL 4, 2023
     REFERRED TO COMMITTEE ON JUDICIARY, APRIL 4, 2023
                                    AN ACT
 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
    Consolidated Statutes, in abortion, further providing for
    spousal notice.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Section 3209 of Title 18 of the Pennsylvania
 Consolidated Statutes is amended to read:
 § 3209.   Spousal notice.
    [(a)   Spousal notice required.--In order to further the
 Commonwealth's interest in promoting the integrity of the
 marital relationship and to protect a spouse's interests in
 having children within marriage and in protecting the prenatal
 life of that spouse's child, no physician shall perform an
 abortion on a married woman, except as provided in subsections
 (b) and (c), unless he or she has received a signed statement,
 which need not be notarized, from the woman upon whom the
 abortion is to be performed, that she has notified her spouse
 that she is about to undergo an abortion. The statement shall
 bear a notice that any false statement made therein is
 punishable by law.
    (b)   Exceptions.--The statement certifying that the notice
 required by subsection (a) has been given need not be furnished
 where the woman provides the physician a signed statement
 certifying at least one of the following:
          (1)   Her spouse is not the father of the child.
          (2)   Her spouse, after diligent effort, could not be
    located.
          (3)   The pregnancy is a result of spousal sexual assault
    as described in section 3128 (relating to spousal sexual
    assault), which has been reported to a law enforcement agency
    having the requisite jurisdiction.
          (4)   The woman has reason to believe that the furnishing
    of notice to her spouse is likely to result in the infliction
    of bodily injury upon her by her spouse or by another
    individual.
 Such statement need not be notarized, but shall bear a notice
 that any false statements made therein are punishable by law.
    (c)   Medical emergency.--The requirements of subsection (a)
 shall not apply in case of a medical emergency.
    (d)   Forms.--The department shall cause to be published forms
 which may be utilized for purposes of providing the signed
 statements required by subsections (a) and (b). The department
 shall distribute an adequate supply of such forms to all
 abortion facilities in this Commonwealth.
    (e)   Penalty; civil action.--Any physician who violates the
 provisions of this section is guilty of "unprofessional
 conduct," and his or her license for the practice of medicine
 and surgery shall be subject to suspension or revocation in
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 accordance with procedures provided under the act of October 5,
 1978 (P.L.1109, No.261), known as the Osteopathic Medical
 Practice Act, the act of December 20, 1985 (P.L.457, No.112),
 known as the Medical Practice Act of 1985, or their successor
 acts. In addition, any physician who knowingly violates the
 provisions of this section shall be civilly liable to the spouse
 who is the father of the aborted child for any damages caused
 thereby and for punitive damages in the amount of $5,000, and
 the court shall award a prevailing plaintiff a reasonable
 attorney fee as part of costs.] (Reserved).
    Section 2.   This act shall take effect in 60 days.
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Statutes/Laws affected: 
Printer's No. 0818: 18-3209