Bill Text: NJ ACR123 | 2020-2021 | Regular Session | Introduced

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Bill Title: Proposes amendment to constitution regarding parental notification for medical or surgical procedures or treatments relating to pregnancy to be performed on minor children.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2020-02-20 - Introduced, Referred to Assembly Women and Children Committee [ACR123 Detail]

Download: New_Jersey-2020-ACR123-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 123

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED FEBRUARY 20, 2020

 

 

Sponsored by:

Assemblyman  JAY WEBBER

District 26 (Essex, Morris and Passaic)

 

 

 

 

SYNOPSIS

     Proposes amendment to constitution regarding parental notification for medical or surgical procedures or treatments relating to pregnancy to be performed on minor children.

 

CURRENT VERSION OF TEXT

     As introduced.

  

A Concurrent Resolution proposing to amend Article I of the Constitution of the State of New Jersey by adding a new paragraph 24 thereto.

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

 

 

PROPOSED AMENDMENT

 

     Amend Article I by adding a new paragraph 24, as follows:

     24.  The Legislature may provide that a parent or legal guardian shall receive notice before his or her unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment relating to pregnancy, irrespective of any right or interest otherwise provided in this Constitution.

 

     2.    When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

 

     3.    This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a.     In every municipality in which voting machines are not used, a legend which shall immediately precede the question, as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (T) in the square opposite the word "Yes."  If you are opposed thereto make a cross (X), plus (+) or check (T) in the square opposite the word "No."

     b.    In every municipality the following question:

	YES	PARENTAL NOTIFICATION FOR MEDICAL OR SURGICAL PROCEDURE OR TREATMENT RELATING TO PREGNANCY Shall the amendment to Article I of the New Jersey Constitution, stating that the Legislature may provide that a parent or legal guardian shall receive notice before his or her unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment relating to pregnancy, irrespective of any right or interest otherwise provided in the Constitution, be approved?
		INTERPRETIVE STATEMENT
	NO	This constitutional amendment would provide that the Legislature may require that a parent or legal guardian receive notice before his or her unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment relating to pregnancy, irrespective of any right or interest that is otherwise provided in the Constitution.

 

 

STATEMENT

 

     This proposed constitutional amendment states that the Legislature may provide that a parent or legal guardian shall receive notice before his or her unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment relating to pregnancy, irrespective of any right or interest otherwise provided in the State Constitution.

     The Legislature enacted the "Parental Notification for Abortion Act," P.L.1999, c.145 (C.9:17A-1.1 et seq.) and the constitutionality of the act was challenged in court.  The case came before the New Jersey Supreme Court and in Planned Parenthood of Central New Jersey v. Farmer, 165 N.J. 609 (2000), the court found the act unconstitutional.

     In its analysis, the New Jersey Supreme Court relied on the "more expansive" language found in the New Jersey Constitution than that of the United States Constitution, and stated that Article I, paragraph 1 of the New Jersey Constitution "incorporates within its terms the right of privacy and its concomitant rights, including a woman's right to make certain fundamental choices." In declaring the law unconstitutional on equal protection grounds under the State Constitution, the court found that the law unconstitutionally distinguished "between minors seeking an abortion and minors seeking medical and surgical care relating to their pregnancies."

     This constitutional amendment is intended to overturn the court's decision and permit the Legislature to provide that a parent shall receive notice before his or her unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment relating to pregnancy, irrespective of any right or interest otherwise provided in the State Constitution.