Child Custody Protection 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.
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.
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, terminate an ectopic pregnancy, or 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.
Imposes a fine and/or prison term of up to one year on anyone who has committed an act of incest with a minor and knowingly transports such minor across a state line to obtain an abortion.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2543 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 2543
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
January 22 (legislative day, January 3), 2008
Mr. Ensign (for himself, Mr. Alexander, Mr. Brownback, Mr. Bunning, Mr.
Coburn, Mr. Coleman, Mr. Cornyn, Mrs. Dole, Mr. Graham, Mr. Grassley,
Mr. Hagel, Mrs. Hutchison, Mr. Inhofe, Mr. Kyl, Mr. McCain, Mr.
McConnell, Mr. Roberts, Mr. Sessions, Mr. Shelby, Mr. Thune, Mr.
Voinovich, Mr. Hatch, and Mr. Nelson of Nebraska) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
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.
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.
``2432. 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 or induced on the minor, in a State or a foreign
nation 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--
``(1) reasonably believed, based on information the
defendant obtained directly from a parent of the minor, that
before the minor obtained the abortion, the parental consent or
notification 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; or
``(2) was presented with documentation showing with a
reasonable degree of certainty that a court in the minor's
State of residence waived any parental notification required by
the laws of that State, or otherwise authorized that the minor
be allowed to procure an abortion.
``(d) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action
unless the parent has committed an act of incest with the minor subject
to subsection (a).
``(e) Definitions.--For the purposes of this section--
``(1) the term `abortion' means the use or prescription of
any instrument, medicine, drug, or any other substance or
device intentionally to terminate the pregnancy of a female
known to be pregnant, with an intention other than to increase
the probability of a live birth, to preserve the life or health
of the child after live birth, to terminate an ectopic
pregnancy, or to 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;
``(2) the term 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;
``(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;
``(4) 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; and
``(5) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States, and any Indian tribe or reservation.
``Sec. 2432. Transportation of minors in circumvention of certain laws
relating to abortion
``Notwithstanding section 2431(b)(2), whoever has committed an act
of incest with a minor and knowingly transports the minor across a
State line with the intent that such minor obtain an abortion, shall be
fined under this title or imprisoned not more than one year, or both.
For the purposes of this section, the terms `State', `minor', and
`abortion' have, respectively, the definitions given those terms in
section 2435.''.
SEC. 3. CLERICAL AMENDMENT.
The table of chapters at the beginning of part I of title 18,
United States Code, is amended by inserting after the item relating to
chapter 117 the following new items:
``117A. Transportation of minors in circumvention of certain 2431''.
laws relating to abortion.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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