HB181

Report Title:

Abortion; Right of Woman to Choose

Description:

Establishes that the State shall not deny or interfere with a woman's fundamental right to choose to bear a child or have an abortion prior to the viability of the fetus, or when the abortion is necessary to the woman's health or life.

HOUSE OF REPRESENTATIVES	H.B. NO.	181
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO REPRODUCTIVE PRIVACY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. On January 22, 1973, the U.S. Supreme Court announced its decision in Roe v. Wade, a challenge to a Texas statute that made it a crime to perform an abortion unless a women's life was at stake. The case had been filed by "Jane Roe", an unmarried woman who wanted to safely and legally end her pregnancy. Siding with Roe, the court struck down the Texas law. In its ruling, the court recognized for the first time that the constitutional right to privacy "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy".

In 1973, Hawaii became one of four states, with Alaska, New York and Washington, to repeal its abortion ban and decriminalize abortion. In 1965, abortion was so unsafe that seventeen per cent of all deaths due to pregnancy and childbirth were the result of illegal abortion. Today, abortion is eleven times safer than childbirth.

The right to make childbearing decisions has also enabled women to pursue educational and employment opportunities that were often unthinkable a generation ago. The Supreme Court noted in 1992 that "the ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives". Justice Harry Blackmun, the author of Roe, called the decision "a step that had to be taken as we go down the road toward the full emancipation of women". On this, the thirtieth anniversary of Roe v. Wade, we will affirm our position and protect the reproductive freedom of Hawaii's people.

The legislature finds that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions. Accordingly, it is the public policy of the State of Hawaii that:

(1) Every individual has the fundamental right to choose or refuse birth control;

(2) Every woman has the fundamental right to choose to bear a child or to choose and to obtain an abortion, except as specifically limited by state law; and

(3) The State shall not deny or interfere with a women's fundamental right to choose to bear a child or to choose to obtain an abortion.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . RIGHT TO REPRODUCTIVE PRIVACY

§321- Definitions. As used in this part:

"Abortion" means a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.

"Pregnancy" means the human reproductive process, beginning with the implantation of an embryo.

"State" means the State and the counties.

"Viability" means the point in a pregnancy when, in the good faith medical judgment of a physician, on the particular facts of the case before that physician, there is a reasonable likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures.

§321- Right to choose. The State shall not deny or interfere with a woman's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman.

§321- Unauthorized performance of abortion. The performance of an abortion is unauthorized if:

(1) The person performing the abortion is not a physician in good standing licensed under chapter 453; or

(2) Both of the following are found, in the good faith medical judgment of a licensed physician in good standing:

(A) The fetus was viable; and

(B) Continuation of the pregnancy posed no risk to life or health of the pregnant woman."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________