I

103D CONGRESS

1ST SESSION H. R. 3378

To amend title 18, United States Code, with respect to parental kidnapping,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 27, 1993

Mr. GEKAS introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To amend title 18, United States Code, with respect to

parental kidnapping, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘International Parental

5 Kidnapping Crime Act of 1993’’.

6 SEC. 2. TITLE 18 AMENDMENT.

7 (a) IN GENERAL.—Chapter 55 (relating to kidnap8 ping) of title 18, United States Code, is amended by add9 ing at the end the following:
2

•HR 3378 IH

1 ‘‘§ 1204. International parental kidnapping

2 ‘‘(a) Whoever removes a child from the United States

3 or retains a child (who has been in the United States)

4 outside the United States with intent to obstruct the law5 ful exercise of parental rights shall be fined under this

6 title or imprisoned not more than 3 years, or both.

7 ‘‘(b) As used in this section—

8 ‘‘(1) the term ‘child’ means a person who has

9 not attained the age of 16 years; and

10 ‘‘(2) the term ‘parental rights’, with respect to

11 a child, means the right to physical custody of the

12 child—

13 ‘‘(A) whether joint or sole (and includes

14 visiting rights); and

15 ‘‘(B) whether arising by operation of law,

16 court order, or legally binding agreement of the

17 parties.

18 ‘‘(c) It shall be an affirmative defense under this sec19 tion that—

20 ‘‘(1) the defendant acted within the provisions

21 of a valid court order granting the defendant legal

22 custody or visitation rights and that order was ob23 tained pursuant to the Uniform Child Custody Ju24 risdiction Act and was in effect at the time of the

25 offense;
3

•HR 3378 IH

1 ‘‘(2) the defendant was fleeing an incidence or

2 pattern of domestic violence;

3 ‘‘(3) the defendant had physical custody of the

4 child pursuant to a court order granting legal cus5 tody or visitation rights and failed to return the

6 child as a result of circumstances beyond the defend7 ant’s control, and the defendant notified or made

8 reasonable attempts to notify the other parent or

9 lawful custodian of the child of such circumstances

10 within 24 hours after the visitation period had ex11 pired and returned the child as soon as possible.

12 ‘‘(d) This section does not detract from The Hague

13 Convention on the Civil Aspects of International Parental

14 Child Abduction, done at The Hague on October 25,

15 1980.’’.

16 (b) SENSE OF THE CONGRESS.—It is the sense of

17 the Congress that, inasmuch as use of the procedures

18 under the Hague Convention on the Civil Aspects of Inter19 national Parental Child Abduction has resulted in the re20 turn of many children, those procedures, in circumstances

21 in which they are applicable, should be the option of first

22 choice for a parent who seeks the return of a child who

23 has been removed from the parent.
4

•HR 3378 IH

1 (c) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 55 of title 18, United States

3 Code, is amended by adding at the end the following:

‘‘1204. International parental kidnapping.’’.

4 SEC. 3. STATE COURT PROGRAMS REGARDING INTER5 STATE AND INTERNATIONAL PARENTAL

6 CHILD ABDUCTION.

7 There is authorized to be appropriated $250,000 to

8 carry out under the State Justice Institute Act of 1984

9 (42 U.S.C. 10701–10713) national, regional, and in-State

10 training and educational programs dealing with criminal

11 and civil aspects of interstate and international parental

12 child abduction.

Æ