Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-2152, Arizona Revised
Statutes, is amended to read:
START_STATUTE36-2152. Parental consent; exception; hearings;
time limits; violation; classification; definitions
A. A person shall not knowingly perform an abortion
on a pregnant unemancipated minor unless the attending physician has secured
the written consent from one of the minor's parents or the minor's guardian or
conservator or unless a judge of the superior court authorizes the physician to
perform the abortion pursuant to subsection B of this section.
B. A judge of the superior court shall, on petition or motion, and after an
appropriate hearing, shall
authorize a physician to perform the abortion if the judge determines that the
pregnant minor is mature and capable of giving informed consent to the proposed
abortion. If the judge determines that the pregnant minor is not mature or if
the pregnant minor does not claim to be mature, the judge shall determine
whether the performance of an abortion on her without the consent from one of
her parents or her guardian or conservator would be in her best interests and
shall authorize a physician to perform the abortion without consent if the
judge concludes that the pregnant minor's best interests would be served.
C. At a
proceeding held pursuant to subsection b of this section, the pregnant minor
must prove by clear and convincing evidence that she is sufficiently mature and
capable of giving informed consent without consulting her parent or legal
guardian based on her experience level, perspective and judgment. In assessing
the pregnant minor's experience level, the court may consider, among other
relevant factors, the minor's age and experiences working outside the home,
living away from home, traveling on her own, handling personal finances and
making other significant decisions. In assessing the pregnant minor's
perspective, the court may consider, among other relevant factors, what steps
the minor took to explore her options and the extent to which she considered
and weighed the potential consequences of each option. In assessing the
pregnant minor's judgment, the court may consider, among other relevant factors,
the minor's conduct since learning of her pregnancy and her intellectual
ability to understand her options and to make an informed decision.
C. D. The pregnant
minor may participate in the court proceedings on her own behalf. The court
may appoint a guardian ad litem for her. The court shall advise her that she
has the right to court appointed counsel and shall, on her request, shall provide her with counsel unless she
appears through private counsel or she knowingly and intelligently waives her
right to counsel.
D. E. Proceedings in
the court under this section are confidential and have precedence over other
pending matters. Members of the public shall not inspect, obtain copies of or
otherwise have access to records of court proceedings under this section unless
authorized by law. A judge who conducts proceedings under this section shall
make in writing specific factual findings and legal conclusions supporting the
decision and shall order a confidential record of the evidence to be maintained
including the judge's own findings and conclusions. The minor may file the
petition using a fictitious name. For the
purposes of this subsection, public does not include judges, clerks,
administrators, professionals or other persons employed by or working under the
supervision of the court or employees of other public agencies who are
authorized by state or federal rule or law to inspect and copy closed court
records.
E. F. The court shall
hold the hearing and shall issue a ruling within forty‑eight hours,
excluding weekends and holidays, after the petition is filed. If the court
fails to issue a ruling within this time period the petition is deemed to have
been granted and the consent requirement is waived.
F. G. An expedited
confidential appeal is available to a pregnant minor for whom the court denies
an order authorizing an abortion without parental consent. The appellate court
shall hold the hearing and issue a ruling within forty‑eight hours,
excluding weekends and holidays, after the petition for appellate review is
filed. Filing fees are not required of the pregnant minor at either the trial
or the appellate level.
G. H. Parental consent
or judicial authorization is not required under this section if either:
1. The pregnant minor certifies to the attending
physician that the pregnancy resulted from sexual conduct with a minor by the
minor's parent, stepparent, uncle, grandparent, sibling, adoptive parent, legal
guardian or foster parent or by a person who lives in the same household with the
minor and the minor's mother. The physician performing the abortion shall
report the sexual conduct with a minor to the proper law enforcement officials
pursuant to section 13‑3620 and shall preserve and forward a sample of
the fetal tissue to these officials for use in a criminal investigation.
2. The attending physician certifies in the pregnant
minor's medical record that, on the basis of the physician's good faith
clinical judgment, the pregnant minor has a condition that so complicates her
medical condition as to necessitate the immediate abortion of her pregnancy to
avert her death or for which a delay will create serious risk of substantial
and irreversible impairment of major bodily function.
H. I. A person who
performs an abortion in violation of this section is guilty of a class 1
misdemeanor. A person is not subject to any liability under this section if
the person establishes by written evidence that the person relied on evidence
sufficient to convince a careful and prudent person that the representations of
the pregnant minor regarding information necessary to comply with this section
are true.
I. J. For the purposes of this section:
1. "Abortion"
means the use of an instrument, medicine or drug or other substance or device
with the intent to terminate a pregnancy for reasons other than to increase the
probability of a live birth, to preserve the life or health of the child after
a live birth, to terminate an ectopic pregnancy or to remove a dead fetus.
Abortion does not include birth control devices or oral contraceptives that
inhibit or prevent ovulation, fertilization or the implantation of a fertilized
ovum within the uterus.
2. "Fetus" means any individual human
organism from fertilization until birth. END_STATUTE
