Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor’s state of residence that requires parental involvement in the minor’s abortion decision). Makes an exception for an abortion necessary to safe the life of the minor.
Protects from prosecution or civil liability the minor or the minor’s parents for violations of this Act.
Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion.
Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action unless such parent committed an act of incest with the minor.
Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child.
Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis.
Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion. Allows an exception if: (1) the physician complies with parental notification requirements in the physician’s state; (2) the physician is given documentation that a court in the minor’s state of residence has waived parental notification or otherwise authorized the minor’s abortion; (3) the minor provides a written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent and the physician notifies appropriate state officials of such abuse; (4) the abortion is necessary to save the life of the minor (written notice must be given to the minor's parent within 24 hours after the lifesaving abortion is performed): or (5) a person accompanying the minor provides documentation to the physician that such person is the parent of the minor.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 403 Placed on Calendar Senate (PCS)]
Calendar No. 16
109th CONGRESS
1st Session
S. 403
To amend title 18, United States Code, to prohibit taking minors across
State lines in circumvention of laws requiring the involvement of
parents in abortion decisions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2005
Mr. Ensign (for himself, Mr. Hagel, Mr. Brownback, Mr. Santorum, Mr.
Kyl, Mr. Frist, Mrs. Dole, Mr. Sessions, Mr. Grassley, Mr. Allen, Mr.
Bunning, Mr. Coburn, Mr. DeMint, and Mr. McConnell) introduced the
following bill; which was read the first time
February 17, 2005
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit taking minors across
State lines in circumvention of laws requiring the involvement of
parents in abortion decisions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Custody Protection Act''.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 117 the following:
``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION
``Sec.
``2431. Transportation of minors in circumvention of certain laws
relating to abortion.
``Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
``(a) Offense.--
``(1) Generally.--Except as provided in subsection (b),
whoever knowingly transports a minor across a State line, with
the intent that such minor obtain an abortion, and thereby in
fact abridges the right of a parent under a law requiring
parental involvement in a minor's abortion decision, in force
in the State where the minor resides, shall be fined under this
title or imprisoned not more than one year, or both.
``(2) Definition.--For the purposes of this subsection, an
abridgement of the right of a parent occurs if an abortion is
performed on the minor, in a State other than the State where
the minor resides, without the parental consent or
notification, or the judicial authorization, that would have
been required by that law had the abortion been performed in
the State where the minor resides.
``(b) Exceptions.--
``(1) The prohibition of subsection (a) does not apply if
the abortion was necessary to save the life of the minor
because her life was endangered by a physical disorder,
physical injury, or physical illness, including a life
endangering physical condition caused by or arising from the
pregnancy itself.
``(2) A minor transported in violation of this section, and
any parent of that minor, may not be prosecuted or sued for a
violation of this section, a conspiracy to violate this
section, or an offense under section 2 or 3 based on a
violation of this section.
``(c) Affirmative Defense.--It is an affirmative defense to a
prosecution for an offense, or to a civil action, based on a violation
of this section that the defendant reasonably believed, based on
information the defendant obtained directly from a parent of the minor
or other compelling facts, that before the minor obtained the abortion,
the parental consent or notification, or judicial authorization took
place that would have been required by the law requiring parental
involvement in a minor's abortion decision, had the abortion been
performed in the State where the minor resides.
``(d) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action.
``(e) Definitions.--For the purposes of this section--
``(1) a `law requiring parental involvement in a minor's
abortion decision' means a law--
``(A) requiring, before an abortion is performed on
a minor, either--
``(i) the notification to, or consent of, a
parent of that minor; or
``(ii) proceedings in a State court; and
``(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity who
is not described in that subparagraph;
``(2) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) a person standing in loco parentis who has
care and control of the minor, and with whom the minor
regularly resides, who is designated by the law
requiring parental involvement in the minor's abortion
decision as a person to whom notification, or from whom
consent, is required;
``(3) the term `minor' means an individual who is not older
than the maximum age requiring parental notification or
consent, or proceedings in a State court, under the law
requiring parental involvement in a minor's abortion decision;
and
``(4) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 117 the following new item:
``117A. Transportation of minors in circumvention of 2431''.
certain laws relating to abortion.
Calendar No. 16
109th CONGRESS
1st Session
S. 403
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit taking minors across
State lines in circumvention of laws requiring the involvement of
parents in abortion decisions.
_______________________________________________________________________
February 17, 2005
Read the second time and placed on the calendar
Measure laid before Senate by unanimous consent. (consideration: CR S8095-8097)
Considered by Senate. (consideration: CR S8151-8188)
Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 65 - 34. Record Vote Number: 216.(text: CR S8187-8188)
Roll Call #216 (Senate)Passed Senate with an amendment by Yea-Nay Vote. 65 - 34. Record Vote Number: 216. (text: CR S8187-8188)
Roll Call #216 (Senate)Received in the House.
Message on Senate action sent to the House.
Held at the desk.
Rules Committee Resolution H. Res. 1039 Reported to House. Rule provides for consideration of S. 403 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted.
Rule H. Res. 1039 passed House.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Considered under the provisions of rule H. Res. 1039. (consideration: CR H7412-7422)
Rule provides for consideration of S. 403 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted.
DEBATE - The House proceeded with one hour of debate on S. 403.
The previous question was ordered pursuant to the rule. (consideration: CR H7404)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 264 - 153 (Roll no. 479).(text: CR H7412-7414)
Roll Call #479 (House)On passage Passed by the Yeas and Nays: 264 - 153 (Roll no. 479). (text: CR H7412-7414)
Roll Call #479 (House)Motion to reconsider laid on the table Agreed to without objection.
Message on House action received in Senate and at desk: House amendment to Senate bill.
Motion to concur in House amendment with further amendment made in Senate. (consideration: CR S10345-10345)
Cloture motion on the motion to concur in House amendment presented in Senate. (consideration: CR S10346; text: CR S10346)
Cloture on the motion to concur in House amendment not invoked in Senate by Yea-Nay Vote. 57 - 42. Record Vote Number: 263. (consideration: CR S10616-10618)
Roll Call #263 (Senate)