S 167
112th CONGRESS
1st Session
S. 167
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
January 25 (legislative day, January 5), 2011
Mr. ENSIGN (for himself, Mr. MCCONNELL, Mr. NELSON of Nebraska, Mr.
GRASSLEY, Mr. SHELBY, Mr. BURR, Mr. WICKER, Mr. THUNE, Mr. ROBERTS,
Mr. CORNYN, Mr. VITTER, and Mr. GRAHAM) 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
`2431. Transportation of minors in circumvention of certain laws relating
to abortion.
`2432. Transportation of minors in circumvention of certain laws relating
to incest.
`SEC. 2431. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
`(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.
`(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 INCEST.
`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:
2431.'.
END
