Informed consent legislation back again this year

By Brigid Curtis Ayer

The Indiana General Assembly once again will consider changing Indiana’s law for women considering abortion under a bill introduced on Jan. 11 in the Indiana Senate.

If passed, Senate Bill 135, authored by Sen. Patricia L. Miller (R-Indianapolis), would give a pregnant woman seeking abortion more information in which to base her decision.

Under the proposed measure, a woman seeking an abortion would be informed in writing that human life begins at fertilization, and told by a physician that her fetus may feel pain during the procedure. The measure also requires that written information be provided to the mother on adoption options and risks associated with the surgery.

Because current law requires an 18-hour waiting period, this information, both written and oral, would be presented to a woman seeking an abortion at least 18 hours prior to her having the procedure.

Current law does not require that any information be provided in writing. It requires that a woman be told about: 1) risks associated with abortion; 2) probable gestational age of the fetus; 3) the availability of ultrasound imaging and fetal heart tone; 4) adoption options.

“I think this issue is a woman’s right to know,” said Sen. Miller. “Women need to be informed before they have an abortion. We need to inform them to the best of our ability. I’m pro-life and, until something bigger happens, we need to make women more aware.”

In 2006, a similar bill, House Bill 1172 authored by Rep. Tim Harris (R-Marion), was a priority bill for the Indiana Catholic Conference. It nearly became law after being passed in the Indiana House of Representatives with bipartisan support by a 70-30 vote, but failed in the last hours of the Indiana General Assembly in the Senate.

“The conference committee report on HB 1172 was signed last year and passed the House,” said Sen. Miller. “It was on the calendar in the Senate, but we ran out of time.

“I’m optimistic that the bill will pass the Senate this year, but I’m not sure what will happen in the House since there are new committee chairs.”

Last year, Republicans controlled the Indiana House of Representatives and held all the committee chairmanships, but the Democrats now control the Indiana House of Representatives. Committee chairs can determine the fate of legislation assigned to their committee since they decide which bills assigned to their committee will get a hearing and move forward in the process.

Once a bill is introduced either in the House or Senate, it is then assigned to a committee for a hearing.

During the hearing, which is open to the public, the author of the bill will give a brief overview of the bill’s purpose and contents. The committee members are then able to ask the author pertinent questions.

Committee members then hear public testimony from representatives of special interest groups, associations, civic or community leaders as well as ordinary citizens. These representatives will testify in support or opposition to the legislation.

It is also at this time that Glenn Tebbe, Indiana Catholic Conference executive director, will be the voice for Indiana’s Catholic bishops and give the Church’s official position.

Not only will Tebbe give an oral presentation of the Church’s position on the bill, but oftentimes he will submit the Church’s position on a bill in writing, called a position paper. These position papers are available on the Indiana Catholic Conference’s Web site. The U.S. Conference of Catholic Bishops also posts position papers on proposed federal legislation on the USCCB Web site.

In 2006, in addition to the Indiana Catholic Conference, groups who testified in support of HB 1172, primarily based on moral grounds, included Advance America, the Indiana Family Institute and Indiana Right to Life. Groups testifying in opposition to HB 1172, based on the arguments of privacy and reproductive rights, included Planned Parenthood, the Jewish Community Relations Council, Indiana National Organization of Women and the Indiana Civil Liberties Union.

Senate Bill 135 begins in the Senate in the Senate Health and Provider Services committee, a committee which Sen. Miller chairs. As for the status of the bill, Sen. Miller said, “Senate Bill 135 is not scheduled for a hearing, and I haven’t had a chance yet to find a House sponsor for the bill.”

Since Sen. Miller is chair of the committee and the bill’s author, success for SB 135 at the committee hearing part of the process appears promising.

The other members of the Senate Committee on Health and Provider Services who would get to vote on the bill include Sen. Earline S. Rogers (D-Gary), Sen. Gary Dillon (R-Pierceton), Sen. Vaneta Becker (R-Evansville), Sen. Sue Errington (D-Muncie); Sen. Beverly J. Gard (R-Greenfield); Sen.Connie Lawson (R-Danville); Sen. Ryan D. Mishler (R-Bremen); Sen. Marvin D. Riegsecker (R-Goshen); Sen. Vi Simpson (D-Bloomington); and Sen. Connie W. Sipes (D-New Albany). The earliest day that SB 135 would be heard in committee is Feb. 8.

(Brigid Curtis Ayer is a correspondent for The Criterion.) †