Child Interstate Abortion Notification Act

Bill: 109-s-403
Sponsor: Sen. Ensign, John [R-NV]
Introduced: 2005-02-16 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Abortion
Civil actions and liability
Criminal liability
Families
Fines (Penalties)
Government Operations and Politics
Guardian and ward
Interstate commerce
Law
Parent and child
Prosecution
Sentences (Criminal procedure)
State courts
State laws
Transportation and Public Works

Summary:
action_date: 2005-02-16
text: 
Child Custody Protection Act - Amends the federal criminal code to prohibit transporting a minor 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&#146;s state of residence that requires parental involvement in the minor&#146;s abortion decision). Makes an exception for an abortion necessary to save the life of the minor. 
 
Protects from prosecution or civil liability the minor or the minor&#146;s parents for violations of this Act.
 
Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place. 
 
Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action. Defines &quot;parent&quot; to include a guardian, legal custodian, or person standing in loco parentis.

action_date: 2006-07-25
text: 
Child Custody Protection Act - Amends the federal criminal code to prohibit transporting a minor 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&#146;s state of residence that requires parental involvement in the minor&#146;s abortion decision). Makes an exception for an abortion necessary to save the life of the minor. 
 
Protects from prosecution or civil liability the minor or the minor&#146;s parents for violations of this Act, except for a parent who has committed an act of incest with the minor and transports such minor across a state line to obtain an abortion. 
 
Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place. 
 
Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action, unless such parent has committed an act of incest with the minor. Defines &quot;parent&quot; 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 any person who commits an act of incest with a minor and transports such minor across a state line to obtain an abortion.

action_date: 2006-09-26
text: 
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&#146;s state of residence that requires parental involvement in the minor&#146;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&#146;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 &quot;abortion&quot; 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 &quot;parent&quot; 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&#146;s state; (2) the physician is given documentation that a court in the minor&#146;s state of residence has waived parental notification or otherwise authorized the minor&#146;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.


Legislative actions:
action_date: 2006-09-29
text: Cloture on the motion to concur in House amendment not invoked in Senate by Yea-Nay Vote. 57 - 42. Record Vote Number: 263. (consideration: CR S10616-10618)
action_date: 2006-09-27
text: Cloture motion on the motion to concur in House amendment presented in Senate. (consideration: CR S10346; text: CR S10346)
action_date: 2006-09-27
text: Motion to concur in House amendment with further amendment made in Senate. (consideration: CR S10345-10345)
action_date: 2006-09-27
text: Message on House action received in Senate and at desk: House amendment to Senate bill.
action_date: 2006-09-26
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2006-09-26
text: On passage Passed by the Yeas and Nays: 264 - 153 (Roll no. 479). (text: CR H7412-7414)
action_date: 2006-09-26
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 264 - 153 (Roll no. 479).(text: CR H7412-7414)
action_date: 2006-09-26
text: The previous question was ordered pursuant to the rule. (consideration: CR H7404)
action_date: 2006-09-26
text: DEBATE - The House proceeded with one hour of debate on S. 403.
action_date: 2006-09-26
text: Rule provides for consideration of S. 403 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted.
action_date: 2006-09-26
text: Considered under the provisions of rule H. Res. 1039. (consideration: CR H7412-7422)
action_date: 2006-09-26
text: Rule H. Res. 1039 passed House.
action_date: 2006-09-25
text: Rules Committee Resolution H. Res. 1039 Reported to House. Rule provides for consideration of S. 403 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted.
action_date: 2006-07-25
text: Held at the desk.
action_date: 2006-07-25
text: Message on Senate action sent to the House.
action_date: 2006-07-25
text: Received in the House.
action_date: 2006-07-25
text: Passed Senate with an amendment by Yea-Nay Vote. 65 - 34. Record Vote Number: 216. (text: CR S8187-8188)
action_date: 2006-07-25
text: Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 65 - 34. Record Vote Number: 216.(text: CR S8187-8188)
action_date: 2006-07-25
text: Considered by Senate. (consideration: CR S8151-8188)
action_date: 2006-07-21
text: Measure laid before Senate by unanimous consent. (consideration: CR S8095-8097)
action_date: 2005-02-17
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 16.
action_date: 2005-02-16
text: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2005-02-16
text: Introduced in Senate