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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 396 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                 S. 396

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 SENATE OF THE UNITED STATES

                           February 16, 2005

  Mr. Ensign 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 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''.

SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS 
              RELATING TO ABORTION.

    (a) In General.--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
``Sec. 2431. Transportation of minors in circumvention of certain laws 
              relating to abortion
    ``(a) Offense.--
            ``(1) Generally.--Except as provided in subsection (b), 
        whoever knowingly transports a minor across a State line, with 
        the intent that such minor obtain an abortion, and thereby in 
        fact abridges the right of a parent under a law requiring 
        parental involvement in a minor's abortion decision, in force 
        in the State where the minor resides, shall be fined under this 
        title or imprisoned not more than one year, or both.
            ``(2) Definition.--For the purposes of this subsection, an 
        abridgement of the right of a parent occurs if an abortion is 
        performed on the minor, in a State other than the State where 
        the minor resides, without the parental consent or 
        notification, or the judicial authorization, that would have 
        been required by that law had the abortion been performed in 
        the State where the minor resides.
    ``(b) Exceptions.--
            ``(1) The prohibition of subsection (a) does not apply if 
        the abortion was necessary to save the life of the minor 
        because her life was 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) A minor transported in violation of this section, and 
        any parent of that 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.
    ``(c) 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 took 
place that would have been required by the law requiring parental 
involvement in a minor's abortion decision, had the abortion been 
performed in the State where the minor resides.
    ``(d) Civil Action.--Any parent who suffers harm from a violation 
of subsection (a) may obtain appropriate relief in a civil action.
    ``(e) Definitions.--For the purposes of this section--
            ``(1) a `law requiring parental involvement in a minor's 
        abortion decision' means a law--
                    ``(A) requiring, before an abortion is performed on 
                a minor, either--
                            ``(i) the notification to, or consent of, a 
                        parent of that minor; or
                            ``(ii) proceedings in a State court; and
                    ``(B) that does not provide as an alternative to 
                the requirements described in subparagraph (A) 
                notification to or consent of any person or entity who 
                is not described in that subparagraph;
            ``(2) the term `parent' means--
                    ``(A) a parent or guardian;
                    ``(B) a legal custodian; or
                    ``(C) a person standing in loco parentis who has 
                care and control of the minor, and with whom the minor 
                regularly resides, who is designated by the law 
                requiring parental involvement in the minor's abortion 
                decision as a person 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 proceedings in a State court, under the 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) Clerical 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 new item:

``117A. Transportation of minors in circumvention of            2431''.
certain laws relating to abortion.
                                 <all>
```