Child Interstate Abortion Notification Act

Bill: 109-hr-748
Sponsor: Rep. Ros-Lehtinen, Ileana [R-FL-18]
Introduced: 2005-02-10 in the House
Policy area: Crime and Law Enforcement
Subjects: Abortion
Civil actions and liability
Families
Fines (Penalties)
Government Operations and Politics
Law
Minors
Parent and child
Physicians
State laws
Transportation and Public Works

Summary:
action_date: 2005-02-10
text: 

 
 
 
 
Child Interstate Abortion Notification 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. 
 
Imposes a fine and/or prison term of up to one year on an physician who performs or induces an abortion on an out-of-state minor without complying with parental notification requirements. Allows certain exceptions, including abortions necessary to save the life of the minor.

action_date: 2005-04-21
text: 
 
Child Interstate Abortion Notification 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 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 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;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 the parent of a minor seeking an abortion. Allows exceptions 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; or (4) the abortion is necessary to save the life of the minor.

action_date: 2005-04-27
text: 

(This measure has not been amended since it was reported to the House on April 21, 2005. The summary of that version is repeated here.)

 

 
 
 
 
Child Interstate Abortion Notification 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 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 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;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 the parent of a minor seeking an abortion. Allows exceptions 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; or (4) the abortion is necessary to save the life of the minor.


Legislative actions:
action_date: 2005-07-11
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 157.
action_date: 2005-07-01
text: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2005-05-05
text: Supplemental report filed by the Committee on Judiciary, H. Rept. 109-51, Part II.
action_date: 2005-05-05
text: Supplemental report filed by the Committee on Judiciary, H. Rept. 109-51, Part II.
action_date: 2005-04-28
text: Received in the Senate.
action_date: 2005-04-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-04-27
text: On passage Passed by recorded vote: 270 - 157 (Roll no. 144). (text: CR H2606-2607)
action_date: 2005-04-27
text: Passed/agreed to in House: On passage Passed by recorded vote: 270 - 157 (Roll no. 144).(text: CR H2606-2607)
action_date: 2005-04-27
text: On motion to recommit with instructions Failed by the Yeas and Nays: 183 - 245 (Roll no. 143). (consideration: CR H2614-2615; text: CR H2614)
action_date: 2005-04-27
text: DEBATE - The House proceeded with 10 minutes of debate on the Nadler motion to recommit.
action_date: 2005-04-27
text: Mr. Nadler moved to recommit with instructions to Judiciary.
action_date: 2005-04-27
text: The previous question was ordered pursuant to the rule. (consideration: CR H2614)
action_date: 2005-04-27
text: The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2005-04-27
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 748.
action_date: 2005-04-27
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of specified amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2005-04-27
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson-Lee (TX) amendment the Chair put the question on agreeing to the amendment and by voice vote announced that the noes had prevailed. Ms. Jackson -Lee (TX) demanded a recorded vote and the Chair postponed further consideration until later in the legislative day.
action_date: 2005-04-27
text: DEBATE - Pursuant to the provisions of H. Res. 236 the Committee of the Whole proceeded with 20 minutes of debate on the Jackson-Lee (TX) amendment.
action_date: 2005-04-27
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment the Chair put the question on agreeing to the amendment and by voice vote announced that the noes had prevailed. Mr. Scott (VA) demanded a recorded vote and the Chair postponed further consideration until later in the legislative day.
action_date: 2005-04-27
text: DEBATE - Pursuant to the provisions of H. Res. 236 the Committee of the Whole proceeded with 20 minutes of debate on the Scott (VA) amendment.
action_date: 2005-04-27
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 748.
action_date: 2005-04-27
text: The Speaker designated the Honorable Mark Foley to act as Chairman of the Committee.
action_date: 2005-04-27
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 236 and Rule XVIII.
action_date: 2005-04-27
text: Rule provides for consideration of H.R. 748 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Specified amendments are in order.
action_date: 2005-04-27
text: Considered under the provisions of rule H. Res. 236. (consideration: CR H2593-2616)
action_date: 2005-04-27
text: Rule H. Res. 236 passed House.
action_date: 2005-04-26
text: Rules Committee Resolution H. Res. 236 Reported to House. Rule provides for consideration of H.R. 748 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Specified amendments are in order.
action_date: 2005-04-21
text: Placed on the Union Calendar, Calendar No. 30.
action_date: 2005-04-21
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-51.
action_date: 2005-04-21
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-51.
action_date: 2005-04-13
text: Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 13.
action_date: 2005-04-13
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-04-13
text: Sponsor introductory remarks on measure. (CR H1900, H1943)
action_date: 2005-04-12
text: Sponsor introductory remarks on measure. (CR H1872-1873)
action_date: 2005-03-17
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
action_date: 2005-03-17
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2005-03-03
text: Subcommittee Hearings Held.
action_date: 2005-03-01
text: Referred to the Subcommittee on the Constitution.
action_date: 2005-02-10
text: Referred to the House Committee on the Judiciary.
action_date: 2005-02-10
text: Introduced in House
action_date: 2005-02-10
text: Introduced in House