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.
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.
`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 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 certain laws relating
to abortion
--2431'.
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.
END
