Senate Bill 1059 (2008)

to Limit Minor’s Parental Permission for Abortion Waiver Requests

Summary

This bill, if passed, would prevent minors from obtaining a waiver to parental consent for an abortion in a second location if they have already been denied that waiver in one location. The bill would also set guidelines for judges to use in determining whether to grant a waiver or not. CTV supports this bill. (The identical House Bill is 5650.)

Links

Senate Committee Meeting Minutes and Testimony Transcripts (not available yet)
Bill Text
Fiscal Analysis (not available yet)
Why CTV Supports SB 1059
Parental Consent for Abortion Information from MI Right To Life

Updates

February 19th
SCHEDULED: Senate Judicial Committee Hearing, 1:00 p.m., Room 210, Farnum Building, 125 W. Allegan Street, Lansing, MI 48933

February 12th
Senate Judicial Committee Hearing was held, but the legislation was not brought up until 5 minutes before the dismissal of the meeting. It will be brought up for further consideration in the next meeting on February 19th.

February 8
CTV issued an Action Alert to its members on Friday, February 8, 2008 regarding the Senate Judicial Committee Hearing on February 12th, asking them to contact the committee members to let them know we are in support of this bill.

Please Contact These Senate Judicial Committee Members: Please call/email the following State Senators and encourage them to support Senate Bill 1059.

Those most likely to oppose the legislation:
Senator Gretchen Whitmer (East Lansing)
Senator Hansen Clarke (Detroit)
Senator Michael Prusi (Ishpeming)

Those most likely to support the legislation:
Senator Wayne Kuipers (Holland)
Senator Alan Cropsey (DeWitt)
Senator Alan Sanborn (Richmond Township)
Senator Bruce Patterson (Canton)

Written Argument Supporting SB 1059

Under the current Michigan law, a minor is allowed to obtain a waiver of the parental consent requirement (for an abortion) from a county court if she is able to provide evidence that proves she is mature enough to make a wise decision on her own or proves her parents should be excluded from her decision for any reason.

Minors who are denied that waiver can currently travel to another court district and seek a waiver there. This "judge shopping" is not allowed with any other type of court action, and parental consent requirement for abortions should be no exception.

Also, the current law does not provide specific criteria for Judges when determining waiver requests. This causes lack of consistency in how waivers are handled from one area to the next, which is why minors are able to obtain a waiver after already having been turned down previously in another court. Our Judges need congruity throughout all courts in the state to deal with this dilemma.

This will not change the appeal process; minors who wish to appeal a waiver decision can still do so through the Court of Appeals.

A vote in favor of this bill is a vote to further support life.