Update November 8, 2006
Proposition 85 was rejected by 54.0% of voters.
Proposition 85 in Plain English
This proposition would amend the state constitution to require that, with certain exceptions, parents or legal guardians of a pregnant minor must be notified at least 48 hours in advance before a physician performs an abortion on that minor. Currently minors can get abortions without parental notification. This measure does not require parental approval, only that they be notified. Exceptions would include medical emergencies, parental waivers or a court-approved waiver.
Official Title and Summary
Waiting Period and Parental Notification Before Termination of Minor’s Pregnancy. Initiative Constitutional Amendment.
- Amends California Constitution to prohibit abortion for unemancipated minor until 48 hours after physician notifies minor’s parent or legal guardian, except in medical emergency or with parental waiver.
- Permits minor to obtain court order waiving notice based on clear and convincing evidence of minor’s maturity or best interests.
- Mandates various reporting requirements, including reports from physicians regarding abortions performed on minors.
- Authorizes monetary damages against physicians for violation.
- Requires minor’s consent to abortion, with certain exceptions.
- Permits judicial relief if minor’s consent coerced.
Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact:
- Net state prison, parole, and mental health program costs of several tens of millions of dollars initially, growing to a couple hundred million dollars annually within ten years.
- Potential one-time state mental hospital and prison capital outlay costs eventually reaching several hundred million dollars.
- Net state and local costs for court and jail operations are unknown.
Analysis
- Official Legislative Analysis, California Legislative Analyst’s Office (PDF)
- In Depth Nonpartisan Analysis, League of Women Voters Ca.
- Facts & Analysis, healthvote.org
Articles
- Editorial: No on Proposition 85. Reject government-imposed communication. Sacramento Bee
- Desperate teens are not well-served by Prop. 85. San Jose Mercury News
- Prop. 85 vital for parents, pregnant child in crisis. San Jose Mercury News
- Prop. 85: Parental notification: Yes. Orange County Register
- Prop. 73 returns as 85. Backers think a law affecting abortions may pass this year. Orange County Register