The proposed legislation is designated as the Jackie Doe law, and is a response to the 14 year-old in state custody who received an abortion in another state after 20 weeks gestation last fall. Statutes prohibit abortion after a physician determines the fetus is viable, but there is no statutory time reference relating to viability. It is the general practice of physicians in Arizona not to perform an abortion after 20 weeks. DES does not have a written policy on abortion but is working with the Attorney General s office to develop one. It is unclear how the Jackie Doe abortion was funded.
Current statutes prohibit public funds from being used for performance of an abortion.
The proposed legislation adds a stipulation that prohibits public funds from facilitating an abortion as well, with facilitate including transportation and the use of a volunteer. The bill authorizes the Attorney General to prohibit funding of an abortion and allows a state employee to refuse to participate in or facilitate an abortion. The proposed legislation requires the director of DES to inform a dependent child seeking an abortion that there are medical assistance benefits available if she were to keep the child or put the child up for adoption, and of the father s financial liability for the child. The director is guilty of a class 1 misdemeanor if the director fails to ensure that the dependent child is informed of alternatives prior to the abortion. The proposed legislation also holds the courts accountable for forwarding samples of an aborted fetus resulting from a court authorized abortion to law enforcement authorities if the fetus resulted from rape or incest.