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.

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, 
unless the parent has committed an act of incest with the minor subject 
to subsection (a).
    ``(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.
``Sec. 2432. Transportation of minors in circumvention of certain laws 
              relating to abortion
    ``Notwithstanding section 2431(b)(2), whoever has committed an act 
of incest with a minor and knowingly transports the minor across a 
State line with the intent that such minor obtain an abortion, shall be 
fined under this title or imprisoned not more than one year, or 
both.''.
    (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.

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

Summary: Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minors state of residence that requires parental involvement in the minors abortion decision). Makes an exception for an abortion necessary to safe the life of the minor.

Protects from prosecution or civil liability the minor or the minors parents for violations of this Act.

Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion.

Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action unless such parent committed an act of incest with the minor.

Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child.

Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis.

Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion. Allows an exception if: (1) the physician complies with parental notification requirements in the physicians state; (2) the physician is given documentation that a court in the minors state of residence has waived parental notification or otherwise authorized the minors abortion; (3) the minor provides a written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent and the physician notifies appropriate state officials of such abuse; (4) the abortion is necessary to save the life of the minor (written notice must be given to the minor's parent within 24 hours after the lifesaving abortion is performed): or (5) a person accompanying the minor provides documentation to the physician that such person is the parent of the minor.