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:
ยง 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
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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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