II

Calendar No. 472

105TH CONGRESS

2D SESSION S. 1645

To amend title 18, United States Code, to prohibit taking minors across

State lines to avoid laws requiring the involvement of parents in abortion

decisions.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 12, 1998

Mr. ABRAHAM (for himself, Mr. LOTT, Mr. DEWINE, Mr. INHOFE, Mr. NICKLES, Mr. COVERDELL, Mr. HELMS, Mr. COATS, Mr. SESSIONS, Mr. ENZI,

Mr. CRAIG, Mr. KYL, Mr. HATCH, Mr. FAIRCLOTH, Mr. BROWNBACK,

Mr. SANTORUM, Mr. MCCONNELL, Mr. HUTCHINSON, Mr. BOND, Mr.

GRASSLEY, Mr. MCCAIN, Mr. GRAMS, Mr. HAGEL, Mr. BURNS, and Mr.

SMITH of New Hampshire) introduced the following bill; which was read

twice and referred to the Committee on the Judiciary

JULY 16, 1998

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend title 18, United States Code, to prohibit taking

minors across State lines to avoid laws requiring the

involvement of parents in abortion decisions.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1645 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Child Custody Protec3 tion Act’’.

4 SEC. 2. TRANSPORTATION OF MINORS TO AVOID CERTAIN

5 LAWS RELATING TO ABORTION.

6 (a) IN GENERAL.—Title 18, United States Code, is

7 amended by inserting after chapter 117 the following:

8 CHAPTER 117A—TRANSPORTATION OF MI9 NORS TO AVOID CERTAIN LAWS RE10 LATING TO ABORTION

‘‘Sec.

‘‘2401. Transportation of minors to avoid certain laws relating to abortion.

11 ‘‘§ 2401. Transportation of minors to avoid certain

12 laws relating to abortion

13 ‘‘(a) OFFENSE.—Except as provided in subsection

14 (b), whoever knowingly transport an individual who has

15 not attained the age of 18 years across a State line, with

16 the intent such individual obtain an abortion, if in fact

17 the requirements of a law, requiring parental involvement

18 in a minor’s abortion decision, in the State where the indi19 vidual resides, are not met before the individual obtains

20 the abortion, shall be fined under this title or imprisoned

21 not more than one year, or both.

22 ‘‘(b) EXCEPTION.—The prohibition of subsection (a)

23 does not apply if the abortion was necessary to save the

24 life of the minor because her life was endangered by a
3

S 1645 RS

1 physical disorder, physical injury, or physical illness, in2 cluding a life endangering physical condition caused by or

3 arising from the pregnancy itself.

4 ‘‘(c) CIVIL ACTION.—Any parent or guardian who

5 suffers legal harm from a violation of subsection (a) may

6 obtain appropriate relief in a civil action.

7 ‘‘(d) DEFINITIONS.—For the purposes of this sec8 tion—

9 ‘‘(1) a law requiring parental involvement in a

10 minor’s abortion decision is a law—

11 ‘‘(A) requiring, before an abortion is per12 formed on a minor, either—

13 ‘‘(i) the notification to, or consent of,

14 a parent or guardian of that minor; or

15 ‘‘(ii) proceedings in a State court; and

16 ‘‘(B) that does not provide as an alter17 native to the requirements described in sub18 paragraph (A) notification to or consent of any

19 person or entity who is not described in that

20 subparagraph;

21 ‘‘(2) the term ‘minor’ means an individual who

22 is not older than the maximum age requiring paren23 tal notification or consent, or proceedings in a State

24 court, under the law requiring parental involvement

25 in a minor’s abortion decision; and
4

S 1645 RS

1 ‘‘(3) the term ‘State’ includes the District of

2 Columbia and any commonwealth, possession, or

3 other territory of the United States.’’.

4 (b) CLERICAL AMENDMENT.—The table of chapters

5 for part I of title 18, United States Code, is amended by

6 inserting after the item relating to chapter 117 the follow7 ing new item:

‘‘117A. Transportation of minors to avoid certain laws relating to

abortion ............................................................................................ 2401.’’.

8 SECTION 1. SHORT TITLE.

9 This Act may be cited as the ‘‘Child Custody Protec10 tion Act’’.

11 SEC. 2. TRANSPORTATION OF MINORS TO AVOID CERTAIN

12 LAWS RELATING TO ABORTION.

13 (a) IN GENERAL.—Title 18, United States Code, is

14 amended by inserting after chapter 117 the following:

15 ‘‘CHAPTER 117A—TRANSPORTATION OF

16 MINORS TO AVOID CERTAIN LAWS RE17 LATING TO ABORTION

‘‘Sec.

‘‘2401. Transportation of minors to avoid certain laws relating to abortion.

18 ‘‘§ 2401. Transportation of minors to avoid certain laws relating

19 to abortion

20 ‘‘(a) OFFENSE.—

21 ‘‘(1) GENERALLY.—Except as provided in sub22 section (b), whoever knowingly transports an individ23 ual who has not attained the age of 18 years across
5

S 1645 RS

1 a State line, with the intent that such individual ob2 tain an abortion, and thereby in fact abridges the

3 right of a parent under a law, requiring parental in4 volvement in a minor’s abortion decision, of the State

5 where the individual resides, shall be fined under this

6 title or imprisoned not more than one year, or both.

7 ‘‘(2) DEFINITION.—For the purposes of this sub8 section, an abridgement of the right of a parent oc9 curs if an abortion is performed on the individual, in

10 a State other than the State where the individual re11 sides, without the parental consent or notification, or

12 the judicial authorization, that would have been re13 quired by that law had the abortion been performed

14 in the State where the individual resides.

15 ‘‘(b) EXCEPTIONS.—

16 ‘‘(1) The prohibition of subsection (a) does not

17 apply if the abortion was necessary to save the life of

18 the minor because her life was endangered by a phys19 ical disorder, physical injury, or physical illness, in20 cluding a life endangering physical condition caused

21 by or arising from the pregnancy itself.

22 ‘‘(2) An individual transported in violation of

23 this section, and any parent of that individual, may

24 not be prosecuted or sued for a violation of this sec25 tion, a conspiracy to violate this section, or an offense
6

S 1645 RS

1 under section 2 or 3 based on a violation of this sec2 tion.

3 ‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative de4 fense to a prosecution for an offense, or to a civil action,

5 based on a violation of this section that the defendant rea6 sonably believed, based on information the defendant ob7 tained directly from a parent of the individual or other

8 compelling facts, that before the individual obtained the

9 abortion, the parental consent or notification, or judicial

10 authorization took place that would have been required by

11 the law requiring parental involvement in a minor’s abor12 tion decision, had the abortion been performed in the State

13 where the individual resides.

14 ‘‘(d) CIVIL ACTION.—Any parent who suffers legal

15 harm from a violation of subsection (a) may obtain appro16 priate relief in a civil action.

17 ‘‘(e) DEFINITIONS.—For the purposes of this section—

18 ‘‘(1) a law requiring parental involvement in a

19 minor’s abortion decision is a law—

20 ‘‘(A) requiring, before an abortion is per21 formed on a minor, either—

22 ‘‘(i) the notification to, or consent of, a

23 parent of that minor; or

24 ‘‘(ii) proceedings in a State court; and
7

S 1645 RS

1 ‘‘(B) that does not provide as an alternative

2 to the requirements described in subparagraph

3 (A) notification to or consent of any person or

4 entity who is not described in that subpara5 graph;

6 ‘‘(2) the term ‘parent’ means—

7 ‘‘(A) a parent or guardian;

8 ‘‘(B) a legal custodian; or

9 ‘‘(C) a person standing in loco parentis who

10 has care and control of the minor, and with

11 whom the minor regulatory resides;

12 who is designated by the law requiring parental in13 volvement in the minor’s abortion decision as a per14 son to whom notification, or from whom consent, is

15 required;

16 ‘‘(3) the term ‘minor’ means an individual who

17 is not older than the maximum age requiring paren18 tal notification or consent, or proceedings in a State

19 court, under the law requiring parental involvement

20 in a minor’s abortion decision; and

21 ‘‘(4) the term ‘State’ includes the District of Co22 lumbia and any commonwealth, possession, or other

23 territory of the United States.’’.

24 (b) CLERICAL AMENDMENT.—The table of chapters for

25 part I of title 18, United States Code, is amended by insert-
8

S 1645 RS

1 ing after the item relating to chapter 117 the following new

2 item:

‘‘117A. Transportation of minors to avoid certain laws relating to

abortion ................................................................................................... 2401.’’.
Calendar No. 472

105TH CONGRESS

2D SESSION S. 1645

A BILL

To amend title 18, United States Code, to prohibit

decisions.quiring the involvement of parents in abortiontaking minors across State lines to avoid laws reJULY 16, 1998

Reported with an amendment