II

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, and

Mr. GRASSLEY) 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 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Child Custody Protec5 tion Act’’.
2

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1 SEC. 2. TRANSPORTATION OF MINORS TO AVOID CERTAIN

2 LAWS RELATING TO ABORTION.

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

4 amended by inserting after chapter 117 the following:

5 CHAPTER 117A—TRANSPORTATION OF MI6 NORS TO AVOID CERTAIN LAWS RE7 LATING TO ABORTION

‘‘Sec.

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

8 ‘‘§ 2401. Transportation of minors to avoid certain

9 laws relating to abortion

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

11 (b), whoever knowingly transports an individual who has

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

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

14 the requirements of a law, requiring parental involvement

15 in a minor’s abortion decision, in the State where the indi16 vidual resides, are not met before the individual obtains

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

18 not more than one year, or both.

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

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

21 life of the minor because her life was endangered by a

22 physical disorder, physical injury, or physical illness, in23 cluding a life endangering physical condition caused by or

24 arising from the pregnancy itself.
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1 ‘‘(c) CIVIL ACTION.—Any parent or guardian who

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

3 obtain appropriate relief in a civil action.

4 ‘‘(d) DEFINITIONS.—For the purposes of this sec5 tion—

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

7 minor’s abortion decision is a law—

8 ‘‘(A) requiring, before an abortion is per9 formed on a minor, either—

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

11 a parent or guardian of that minor; or

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

13 ‘‘(B) that does not provide as an alter14 native to the requirements described in sub15 paragraph (A) notification to or consent of any

16 person or entity who is not described in that

17 subparagraph;

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

19 is not older than the maximum age requiring paren20 tal notification or consent, or proceedings in a State

21 court, under the law requiring parental involvement

22 in a minor’s abortion decision; and

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

24 Columbia and any commonwealth, possession, or

25 other territory of the United States.’’.
4

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

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

3 inserting after the item relating to chapter 117 the follow4 ing new item:

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

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

Æ