109TH CONGRESS

2D SESSION S. 403

AN ACT

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.

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’’.
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1 SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION

2 OF CERTAIN 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

6 MINORS IN CIRCUMVENTION OF CER7 TAIN LAWS RELATING TO ABORTION

‘‘Sec.

‘‘2431. Transportation of minors in circumvention of certain laws relating to

abortion.

8 ‘‘§ 2431. Transportation of minors in circumvention of

9 certain laws relating to abortion

10 ‘‘(a) OFFENSE.—

11 ‘‘(1) GENERALLY.—Except as provided in sub12 section (b), whoever knowingly transports a minor

13 across a State line, with the intent that such minor

14 obtain an abortion, and thereby in fact abridges the

15 right of a parent under a law requiring parental in16 volvement in a minor’s abortion decision, in force in

17 the State where the minor resides, shall be fined

18 under this title or imprisoned not more than one

19 year, or both.

20 ‘‘(2) DEFINITION.—For the purposes of this

21 subsection, an abridgement of the right of a parent

22 occurs if an abortion is performed on the minor, in

23 a State other than the State where the minor re24 sides, without the parental consent or notification, or
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1 the judicial authorization, that would have been re2 quired by that law had the abortion been performed

3 in the State where the minor resides.

4 ‘‘(b) EXCEPTIONS.—

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

6 apply if the abortion was necessary to save the life

7 of the minor because her life was endangered by a

8 physical disorder, physical injury, or physical illness,

9 including a life endangering physical condition

10 caused by or arising from the pregnancy itself.

11 ‘‘(2) A minor transported in violation of this

12 section, and any parent of that minor, may not be

13 prosecuted or sued for a violation of this section, a

14 conspiracy to violate this section, or an offense

15 under section 2 or 3 based on a violation of this sec16 tion.

17 ‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative

18 defense to a prosecution for an offense, or to a civil action,

19 based on a violation of this section that the defendant rea20 sonably believed, based on information the defendant ob21 tained directly from a parent of the minor or other compel22 ling facts, that before the minor obtained the abortion, the

23 parental consent or notification, or judicial authorization

24 took place that would have been required by the law re25 quiring parental involvement in a minor’s abortion deci-
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1 sion, had the abortion been performed in the State where

2 the minor resides.

3 ‘‘(d) CIVIL ACTION.—Any parent who suffers harm

4 from a violation of subsection (a) may obtain appropriate

5 relief in a civil action, unless the parent has committed

6 an act of incest with the minor subject to subsection (a).

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

8 section—

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

10 minor’s abortion decision’ means 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 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 ‘parent’ means—

22 ‘‘(A) a parent or guardian;

23 ‘‘(B) a legal custodian; or

24 ‘‘(C) a person standing in loco parentis

25 who has care and control of the minor, and
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1 with whom the minor regularly resides, who is

2 designated by the law requiring parental in3 volvement in the minor’s abortion decision as a

4 person to whom notification, or from whom con5 sent, is required;

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

7 is not older than the maximum age requiring paren8 tal notification or consent, or proceedings in a State

9 court, under the law requiring parental involvement

10 in a minor’s abortion decision; and

11 ‘‘(4) the term ‘State’ includes the District of

12 Columbia and any commonwealth, possession, or

13 other territory of the United States.

14 ‘‘§ 2432. Transportation of minors in circumvention of

15 certain laws relating to abortion

16 ‘‘Notwithstanding section 2431(b)(2), whoever has

17 committed an act of incest with a minor and knowingly

18 transports the minor across a State line with the intent

19 that such minor obtain an abortion, shall be fined under

20 this title or imprisoned not more than one year, or both.’’.

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

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

23 inserting after the item relating to chapter 117 the fol24 lowing new item:
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‘‘117A. Transportation of minors in circumvention of certain laws

relating to abortion .......................................................................... 2431’’.

Passed the Senate July 25, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 403

AN ACT

To amend title 18, United States Code, to prohibit

abortion decisions.of laws requiring the involvement of parents intaking minors across State lines in circumvention