Child Interstate Abortion Notification Act

Bill: 112-hr-2299
Sponsor: Rep. Ros-Lehtinen, Ileana [R-FL-18]
Introduced: 2011-06-22 in the House
Policy area: Crime and Law Enforcement
Subjects: Abortion
Child health
Civil actions and liability
Criminal procedure and sentencing
Family relationships
Health personnel
Separation, divorce, custody, support
Teenage pregnancy

Summary:
action_date: 2011-06-22
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 save the life of the minor. 
 
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.
 
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. 
 
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, subject to certain exceptions. 

action_date: 2012-09-14
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
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 save the life of the minor. 
 
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 such prohibition to obtain appropriate relief in a civil action unless the parent has 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, terminate an ectopic pregnancy, or 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. 
 
 Imposes a fine and/or prison term of up to one year on anyone who 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. 
 
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, except where: (1) the abortion is performed or induced in a state that has in force a law requiring parental involvement in a minor's abortion decision and the physician complies with such law; (2) the physician is presented with documentation showing that a court in the minor's state of residence has waived any required parental notification or has otherwise authorized the minor to procure an abortion; (3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent and, before an abortion is performed, the physician notifies the authorities of the state in which the minor resides of the known or suspected abuse or neglect; (4) the abortion is necessary to save the life of the minor, provided the attending physician, within 24 hours after completion of the abortion, notifies a parent in writing that the abortion was performed and of the circumstances that warranted it; or (5) the minor is accompanied by a person who presents documentation that he or she is the minor's parent.


Legislative actions:
action_date: 2012-09-14
text: Placed on the Union Calendar, Calendar No. 483.
action_date: 2012-09-14
text: Reported by the Committee on Judiciary. H. Rept. 112-671.
action_date: 2012-09-14
text: Reported by the Committee on Judiciary. H. Rept. 112-671.
action_date: 2012-03-27
text: Ordered to be Reported by the Yeas and Nays: 20 - 13.
action_date: 2012-03-27
text: Committee Consideration and Mark-up Session Held.
action_date: 2012-03-22
text: Subcommittee on Crime, Terrorism, and Homeland Security Discharged.
action_date: 2012-03-08
text: Subcommittee Hearings Held.
action_date: 2011-08-25
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2011-08-25
text: Referred to the Subcommittee on the Constitution.
action_date: 2011-06-22
text: Referred to the House Committee on the Judiciary.
action_date: 2011-06-22
text: Introduced in House
action_date: 2011-06-22
text: Introduced in House