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8/25/2010
Ken Cuccinelli's End Run on Abortion - The Atlantic

8/25/2010
Virginia can impose tougher abortion clinic oversight, AG Cuccinelli says

8/6/2010
The Abortion Battleground: Crisis Pregnancy Centers

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The following is a listing of all of anti-choice legislation Bob McDonnell has patroned or co-patroned from 1994 through to 2004.

YearHBPatron/co-patronTitleNotes
1994HB 1010 Co-PatronFeticideProvides that, for the purposes of the laws of the Commonwealth relating to murder, a fetus is considered a person and can be a murder victim
1994HB 1181 Co-PatronParental consent to abortionAdds petitions for a minor's abortion to the jurisdiction of the juvenile (or family) courts. The bill requires a physician or his agent to give 24 hours' notice (in person or by telephone) of intent to perform an abortion on an unmarried, unemancipated minor to a parent or custodian of the minor. If the physician is unable to give 24 hours' notice in person or by telephone, he may perform the abortion with the consent of the minor 72 hours after mailing a notice to the parent or custodian, return receipt requested. The notice provisions do not apply if (i) a parent or custodian is present or has consented in writing, (ii) the minor claims to be abused or neglected and the doctor reports the abuse or neglect, (iii) the physician certifies that an expeditious procedure is necessary to prevent the minor's death or substantial impairment of a major bodily function, or (iv) judicial authorization for the procedure has been obtained. A physician who performs an abortion without complying with the notice or judicial authorization procedures is guilty of a Class 3 misdemeanor. 
1994HB 1225 Co-PatronAbortionProhibits use of dilation and extraction method of producing an otherwise lawful abortion during the third trimester unless necessary to save the life of the mother. A violation is punishable by a fine of not more than $1,000 and also constitutes unprofessional conduct
1994HB 1355 Co-PatronParental consent to abortionAdds petitions for a minor's abortion to the jurisdiction of the juvenile (or family) courts. The bill requires a physician or his agent to give 24 hours' notice (in person or by telephone) of intent to perform an abortion on an unmarried, unemancipated minor to a parent or custodian of the minor. If the physician is unable to give 24 hours' notice in person or by telephone, he may perform the abortion with the consent of the minor 72 hours after mailing a notice to the parent or custodian, return receipt requested. The notice provisions do not apply if (i) a parent or custodian is present or has consented in writing, (ii) the minor claims to be abused or neglected and the doctor reports the abuse or neglect, (iii) the physician certifies that an expeditious procedure is necessary to prevent the minor's death or substantial impairment of a major bodily function, or (iv) judicial authorization for the procedure has been obtained. A physician who performs an abortion without complying with the notice or judicial authorization procedures is guilty of a Class 3 misdemeanor. 
1994HB1079Co-PatronHB 1079 Informed consent.Informed consent. Requires a 24-hour waiting period after providing a woman with specific information concerning her pregnancy, birth and child care generally, alternatives to abortion, support laws and available assistance. The Department of Health is re
1994SB519Co-PatronSB 519 Parental consent to abortion.Parental consent to abortion. Adds petitions for a minor's abortion to the jurisdiction of the juvenile (or family) courts. The bill requires a physician or his agent to give 24 hours' notice (in person or by telephone) of intent to perform an abortion on
1995HB 2486 Co-PatronAbortion in third trimesterMakes abortion by dilatation and extraction in the third trimester except to save the life of the mother a Class 1 misdemeanor. 
1995HB 2556 Co-PatronFamily life education. Makes the implementation of family life education (FLE) programs and the adoption of any Board of Education standards of learning and curriculum guidelines for FLE programs the option of local school boards. Parental consent would be required for pupils under age 18 to participate in (“opt in”) the FLE program. 
1995HB2408Co-PatronHB 2408 Abortion; minors; notification.Abortion; minors; notification. Creates procedure requiring notice to a parent, person standing in loco parentis or duly appointed guardian or custodian of an unemancipated minor or judicial order prior to performing an abortion upon the minor. Exceptions
1995SB 1095 Co-PatronAbortion; minors; notificationCreates procedure requiring notice to a parent, person standing in loco parentis or duly appointed guardian or custodian of an unemancipated minor or judicial order prior to performing an abortion upon the minor. Exceptions are provided for cases of suspected abuse and neglect and where medically necessary to avert death or serious risk of (i) substantial impairment of a major bodily function or (ii) substantial physical injury. 
1995SB1029Co-PatronFamily Life EducationMakes the implementation of family life education (FLE) programs and the adoption of any Board of Education standards of learning and curriculum guidelines for FLE programs the option of local school boards. Parental consent would be required for pupils under age 18 to participate in (“opt in”) the FLE program
1996HB 225 Co-PatronAbortion Choice ActRequires abortion practitioners to provide to the woman or, in the case of a minor, to her guardians, information prior to performance of an abortion regarding risks and alternatives to be considered. Failure to provide the required information at the time and in the form specified is punishable as a Class 2 felony and subjects the practitioner to civil penalties. A date-of-discovery statute of limitations is adopted for civil actions involving failure to inform. 
1996HB 267 Co-PatronAbortion; minors; notification Creates procedure requiring notice to a parent, grandparent, sibling, person standing in loco parentis or duly appointed guardian or custodian of an unemancipated minor or judicial order prior to performing an abortion upon the minor. Exceptions are provided for cases of suspected abuse and neglect and where medically necessary to avert death or serious risk of (i) substantial impairment of a major bodily function or (ii) substantial physical injury. 
1996SB25Co-PatronSB 25 Abortion; minors; notification.Abortion; minors; notification. Creates procedure requiring notice to a parent, person standing in loco parentis, or duly appointed guardian or custodian of an unemancipated minor or judicial order prior to performing an abortion upon the minor. Exception
1997HB 1629 Co-PatronAbortion; informed consentRequires the Board of Medicine to promulgate regulations ensuring that women seeking abortions are fully informed and that consent is voluntarily given. All persons providing abortion services must have in effect liability insurance or must have hospital privileges. 
1997HB 1945 Co-PatronDestroying unborn childMakes it a Class 4 felony to kill a child during parturition if the child would have otherwise been born alive. The offense includes partial birth abortions
1997HB 2778 patronAbortion; informed consentRequires informed written consent for abortion. Certain information regarding the particular pregnancy must be provided, such as a medical explanation of the alternatives and risks, instruction that consent may be withdrawn at any time, an offer to answer any questions and to provide additional information, a statement of probable gestational age of the fetus at the time the abortion is to be performed, etc. The physician is not required to obtain informed written consent if there is a medical emergency. The penalty for failure to follow these requirements is a $ 500 civil penalty. 
1997HB 2832 Co-PatronAbortion; minors, notificationCreates a procedure requiring notice to a parent, person standing in loco parentis or duly appointed guardian or custodian of an unemancipated minor of a judicial order prior to performing an abortion upon the minor. Exceptions are provided for cases of suspected abuse and neglect and where medically necessary to avert death or serious risk of (i) substantial impairment of a major bodily function or (ii) substantial physical injury
1997SB 1148 Co-PatronAbortion; minors, notificationAbortion; minors; notification. Grants juvenile and family courts jurisdiction over a procedure requiring notice to a parent, person standing in loco parentis, or duly appointed guardian or custodian of an unemancipated minor of a judicial order prior to performing an abortion upon the minor. Exceptions are provided for cases of suspected abuse and neglect and where medically necessary to avert death or serious risk of (i) substantial impairment of a major bodily function or (ii) substantial physical injury. A penalty provision (Class 3 misdemeanor) is included for performance of an abortion absent notification, judicial approval or an exception
1998HB 1154 Co-PatronPartial birth abortionProhibits partial birth abortions. The bill defines "partial birth abortion" as an abortion in which the person performing the abortion deliberately and intentionally delivers a living fetus or a substantial portion thereof into the vagina for the purpose of performing a procedure the person knows will kill the fetus, performs the procedure, kills the fetus and completes the delivery. The bill also provides for review, at the request of the physician, by a three-member physician committee to be known as the medical necessity advisory committee, of the doctor's actions, with the results to be available as evidence at his trial. The offense is punishable as a Class 1 misdemeanor. This bill is identical to SB 552. 
1998HB1371Chief PatronHB 1371 Informed consent.Informed consent. Requires that certain information regarding a particular pregnancy and abortion procedure be provided at least 24 hours in advance, to comply with the informed written consent mandate. The required information includes a medical explanat
1998SB 552 Co-PatronPartial birth abortion. Prohibits partial birth abortions. The bill also defines "partial birth abortion" as an abortion in which the person performing the abortion deliberately and intentionally delivers a living fetus or a substantial portion thereof into the vagina for the purpose of performing a procedure the person knows will kill the fetus, performs the procedure, kills the fetus and completes the delivery. The offense is punishable as a Class 1 misdemeanor. This bill also allows a physician charged with performing a partial birth abortion to request a review by a medical necessity advisory committee on whether the operation was necessary to save the life of the mother. A report concerning the findings of the committee will be filed with the court in which the criminal prosecution is pending. No woman may be prosecuted under this provision for conspiracy or any other offense arising out of the performance of a partial birth abortion. This bill is identical to HB 1154. 
1999HB 2107 patronAbortion; consent by minorsDeems a minor an adult for the purpose of consenting to the release of medical records relating to medical treatment required for (i) infectious diseases which the State Board of Health requires to be reported or (ii) birth control, pregnancy or family planning. The bill also deems a pregnant minor to be an adult for the purpose of consenting for herself and her child for surgical and medical treatment relating only to the delivery of the child when such surgical or medical treatment is provided during the delivery of the child or the duration of the hospital admission relating to the delivery of the child; thereafter, the minor mother is deemed an adult for the purpose of giving consent to surgical and medical treatment for her child. The bill clarifies that these consent provisions do not alter the requirements of parental notification before an abortion is performed on a minor as set forth in § 16.1-241. 
1999HB 2108 patronInformed written consent for abortionEstablishes certain conditions for obtaining informed written consent from a pregnant woman, of any age, prior to performing an abortion, including the requirement that each woman be given, at least 24 hours before the abortion, an explanation of the proposed procedures or protocols; an instruction that she may withdraw her consent at any time prior to the procedure; an offer to speak with the physician who is to perform the abortion; a statement of the probable gestational age of the fetus at the time the procedure is to be performed; and an offer to review printed materials which must be developed by the Department of Health. The printed materials to be developed by the Department of Health include information (i) indexed by geography area on services available to assist a woman through pregnancy, childbirth and child rearing; (ii) depicting gestational development in two-week increments; and (iii) describing methods of abortion and the risks of abortion and full-term pregnancy. Informed written consent is not required in medical emergencies, which are defined as conditions which, on the basis of the physician’s good faith clinical judgment, so complicate the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function. This bill will become effective on October 1, 1999. 
1999HB 2160 Co-PatronAbortion; informed consentRequires the Board of Medicine to promulgate regulations ensuring that women seeking abortions are fully informed and that consent is voluntarily given. All persons providing abortion services must have in effect liability insurance covering the services being provided or must have hospital privileges. 
2000HB 1482 patronInformed written consent for abortionEstablishes certain conditions for obtaining informed written consent from a pregnant woman, of any age, prior to performing an abortion, including the requirement that each woman be given, at least 24 hours before the abortion, an explanation of the proposed procedures or protocols; an instruction that she may withdraw her consent at any time prior to the procedure; an offer to speak with the physician who is to perform the abortion; a statement of the probable gestational age of the fetus at the time the procedure is to be performed; and an offer to review printed materials that must be developed by the Department of Health. The printed materials to be developed by the Department of Health include information (i) indexed by geographical area on services available to assist a woman through pregnancy, childbirth and child rearing; (ii) depicting gestational development in two-week increments; and (iii) describing methods of abortion and the risks of abortion and full-term pregnancy. Informed written consent is not required in medical emergencies, which are defined as conditions which, on the basis of the physician’s good faith clinical judgment, so complicate the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function. 
2000SB 781 Co-PatronUnlawful abortion, inform written consent prerequis. lawful abortionEstablishes certain conditions for obtaining informed written consent from a pregnant woman, of any age, prior to performing an abortion, including the requirement that each woman be given, at least 24 hours before the abortion, an explanation of the proposed procedures or protocols; an instruction that she may withdraw her consent at any time prior to the procedure; an offer to speak with the physician who is to perform the abortion; a statement of the probable gestational age of the fetus at the time the procedure is to be performed; and an offer to review printed materials that must be developed by the Department of Health. The printed materials to be developed by the Department of Health include information (i) indexed by geographical area on services available to assist a woman through pregnancy, childbirth and child rearing; (ii) depicting gestational development in two-week increments; and (iii) describing methods of abortion and the risks of abortion and full-term pregnancy. Informed written consent is not required in medical emergencies, which are defined as conditions which, on the basis of the physician’s good faith clinical judgment, so complicate the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function. Additionally, the bill provides that jurisdiction lies in the general district courts for a violation of the informed consent provisions. 
2001HB 2570 patronInformed written consent for abortion
Establishes certain conditions for obtaining informed written consent from a pregnant woman, of any age, prior to performing an abortion, including the requirement that each woman be given, at least 24 hours before the abortion, an explanation of the proposed procedures or protocols; an instruction that she may withdraw her consent at any time prior to the procedure; an offer to speak with the physician who is to perform the abortion; a statement of the probable gestational age of the fetus at the time the procedure is to be performed; and an offer to review printed materials that must be developed by the Department of Health. The printed materials to be developed by the Department of Health include information (i) indexed by geographical area on services available to assist a woman through pregnancy, childbirth and child rearing; (ii) depicting gestational development in two-week increments; and (iii) describing methods of abortion and the risks of abortion and full-term pregnancy. Informed written consent is not required in medical emergencies, which are defined as conditions which, on the basis of the physician’s good faith clinical judgment, so complicate the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function. This bill is identical to SB 1211 (Forbes). 
2002HB 563 Co-PatronAbortion; conscience clauseIncludes any physician, pharmacist or other medical or health care professional who is asked to dispense any birth-control pill or other medicine for the purpose of performing an abortion within the provisions of the conscience clause
2002HB 600 Co-PatronEncouragement or requirement to abort a fetus.. Provides that any provision in a surrogacy contract requiring or encouraging the surrogate to abort a fetus, under any circumstance, is void ab initio. 
2002HB 601 Co-PatronParental consent for abortionRequires a physician to obtain parental consent prior to performing an abortion on an unemancipated minor. Under current law, the parents of the minor must be notified of the abortion, but do not have to give consent. 
2002HJ 261 Co-PatronPrenatal testingRequests the Board of Medicine and physicians across the Commonwealth to provide full information to their patients about the nature of the Alpha-fetoprotein test and Multiple Marker Screens so as to reduce anxiety among expectant parents and provide them with an accurate understanding of the risks of fetal abnormality
2003HB 1402 Co-PatronParental consent for abortionRequires a physician to obtain parental consent prior to performing an abortion on an unemancipated minor. This provision sets out the procedures required for the minor to seek judicial authorization for an abortion if the minor does not elect to seek consent of an authorized person. The bill requires the court on a petition seeking judicial authorization to find the minor to be capable of emancipation when deciding whether the minor is "mature" or not. If authorization for the abortion is given by the judge, the physician or his agent will be required to notify the parent; however, no notice will be required if the judge finds that the notice would not be in the best interest of the minor. Further, no consent or judicial bypass decision will be required if the minor "declares that she is abused or neglected" and "the attending physician has reason to suspect that the minor may be an abused or neglected child . . . and reports the suspected abuse or neglect." Consent is defined as the physician has given notice of intent to perform the abortion and has received authorization from an authorized person, or at least one authorized person is present with the minor seeking the abortion and provides written authorization to the physician. Under current law, the parents of the minor must be notified of the abortion, but do not have to give consent. 
2003HB 1406 Co-PatronSpecial license plates; supporters of CHOOSE LIFEAuthorizes the issuance of special "revenue sharing" license plates bearing the legend: CHOOSE LIFE. These plates would be subject to an annual fee of $25 in addition to the prescribed fee for state license plates. For each such $25 fee collected in excess of 1,000 registrations, $15 would be paid annually to the locality in which the vehicle is registered and distributed to nongovernmental, not-for-profit agencies, that provide counseling and other services intended to meet the needs of expectant mothers who are committed to placing their children for adoption. No funds under this bill would be distributed to any agency that is involved or associated with abortion activities, including, but not necessarily limited to, counseling for or referrals to abortion clinics, providing medical abortion-related procedures, or pro-abortion advertising. No funds under this bill would be distributed to any agency that charges for services received. 
2003HB 1499 Co-PatronNotification to parents of certain health services to minors. Requires, notwithstanding other law to the contrary and unless prohibited by federal law or regulation, any state or local government agency employee who provides services to a minor, for which such minor is deemed an adult for purposes of consent, to notify, within 2 business days of delivery of such services, a custodial parent, legal guardian or other person standing in loco parentis of any service and any reason, condition or diagnosis requiring such service when the service relates to sexually transmitted diseases, the provision of emergency contraception, pregnancy, illegal drug use, and the contemplation of suicide. The employee is required to provide notice in person or by telephone, or if those attempts are unsuccessful, by certified mail to the authorized person; however, notification shall not apply when the employee has knowledge that such notification would result in future physical or mental abuse. 
2003HB 2513 patronCrimes; partial birth abortion; penaltyMakes it a Class 4 felony to deliberately and intentionally perform a partial birth abortion or a dilation and extraction abortion, unless such a procedure is necessary in the physician's appropriate medical judgment for the preservation of the life or health of the pregnant woman. 
2004HB 1 Co-PatronFeticide; penaltyProvides that any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another is guilty of a Class 2 felony. The bill also provides that any person who unlawfully, willfully, deliberately and maliciously kills the fetus of another is guilty of a felony punishable by confinement in a state correctional facility for not less than five nor more than 40 years.  This bill is identical to SB 319 
2004HB 1524 Co-PatronAbortion; anesthesia for fetal pain, penalty Observes that fetuses over the gestational age of 20 weeks feel pain and provides that failure, subject to exceptions, of a physician to administer anesthesia to such a fetus prior to an abortion is a Class 1 misdemeanor. 
2004HB1315Co-PatronHB 1315 Abortion; procedure if performed after first trimester. Abortion; penalty. Requires, in an abortion performed after the first trimester, that the unborn child be anesthetized in a manner suitable for patients undergoing amputation. The physician must submit a notarized report to the Department of Health within
2004SB 371 Co-PatronAbortion; procedure if performed after first trimester. Requires, in an abortion performed after the first trimester, that the unborn child be anesthetized in a manner suitable for patients undergoing amputation. The physician must submit a notarized report to the Department of Health within 90 days attesting to the estimated age at which the unborn child was aborted and whether the unborn child was first anesthetized. A physician who performs an abortion without first anesthetizing the unborn child is guilty of a Class 6 felony. 

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