Child Custody Protection Act of 2021
This bill establishes new criminal offenses related to the transportation of a minor across state lines for an abortion.
Specifically, the bill makes it a crime to knowingly transport a minor across a state line to obtain an abortion without satisfying a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion.
A violator is subject to criminal penalties—a fine, up to one year in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a minor whose life is endangered by a physical disorder, illness, or condition.
Additionally, the bill imposes criminal penalties on an individual who commits incest with a minor and knowingly transports the minor across a state line to receive an abortion.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 627 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 627
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 HOUSE OF REPRESENTATIVES
January 28, 2021
Mr. Wright introduced the following bill; which was 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 of
2021''.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
(a) In General.--Part I of 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 incest.
``Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
``(a) Definitions.--In this section--
``(1) the term `law requiring parental involvement in a
minor's abortion decision' means a law in force in the State in
which a minor resides that--
``(A) requires, before an abortion is performed on
the minor--
``(i) notification to, or consent of, a
parent of the minor; or
``(ii) judicial authorization from a State
court; and
``(B) does not provide as an alternative to the
requirements described in subparagraph (A)--
``(i) notification to, or consent of, an
individual who is not a parent of the minor; or
``(ii) authorization from an entity that is
not a State court;
``(2) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) an individual standing in loco parentis who
has care and control of a minor, with whom the minor
regularly resides, and who is designated by a law
requiring parental involvement in the minor's abortion
decision as an individual 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 judicial authorization from a State court, under a
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) Offense.--
``(1) Generally.--Except as provided in subsection (c),
whoever knowingly transports a minor across a State line, with
the intent that the minor obtain an abortion, and thereby in
fact abridges the right of a parent of the minor under a law
requiring parental involvement in a minor's abortion decision,
shall be fined under this title or imprisoned not more than 1
year, or both.
``(2) Definition.--For purposes of this subsection, an
abridgement of the right of a parent of a minor occurs if an
abortion is performed on the minor, in a State other than the
State in which the minor resides, without the parental consent
or notification, or the judicial authorization, that would have
been required under a law requiring parental involvement in a
minor's abortion decision, had the abortion been performed in
the State in which the minor resides.
``(c) Exceptions.--
``(1) Life-endangering conditions.--The prohibition under
subsection (b) shall not apply in the case of an abortion that
is necessary to save the life of a minor because her life is
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) Minors and parents.--A minor transported in violation
of this section, and any parent of the 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.
``(d) 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, that
would have been required under the law requiring parental involvement
in a minor's abortion decision, had the abortion been performed in the
State in which the minor resides, took place.
``(e) Civil Action.--Any parent who suffers harm from a violation
of subsection (b) may obtain appropriate relief in a civil action,
unless the parent has committed an act of incest with the minor who was
transported in violation of subsection (b).
``Sec. 2432. Transportation of minors in circumvention of certain laws
relating to incest
``Notwithstanding section 2431(c)(2), whoever has committed an act
of incest with a minor and knowingly transports the minor across a
State line with the intent that the minor obtain an abortion, shall be
fined under this title or imprisoned not more than 1 year, or both.''.
(b) Technical and Conforming 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:
``117A. Transportation of minors in circumvention of certain 2431''.
laws relating to abortion.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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