S 2543
110th CONGRESS
2d Session
S. 2543
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 22 (legislative day, January 3), 2008
Mr. ENSIGN (for himself, Mr. ALEXANDER, Mr. BROWNBACK, Mr. BUNNING,
Mr. COBURN, Mr. COLEMAN, Mr. CORNYN, Mrs. DOLE, Mr. GRAHAM, Mr. GRASSLEY,
Mr. HAGEL, Mrs. HUTCHISON, Mr. INHOFE, Mr. KYL, Mr. MCCAIN, Mr. MCCONNELL,
Mr. ROBERTS, Mr. SESSIONS, Mr. SHELBY, Mr. THUNE, Mr. VOINOVICH, Mr.
HATCH, and Mr. NELSON of Nebraska) 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.
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 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 or induced
on the minor, in a State or a foreign nation 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--
`(1) reasonably believed, based on information the defendant obtained
directly from a parent of the minor, that before the minor obtained
the abortion, the parental consent or notification 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; or
`(2) was presented with documentation showing with a reasonable degree
of certainty that a court in the minor's State of residence waived
any parental notification required by the laws of that State, or otherwise
authorized that the minor be allowed to procure an abortion.
`(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) the term `abortion' means the use or prescription of any instrument,
medicine, drug, or any other substance or device intentionally to
terminate the pregnancy of a female known to be pregnant, with an
intention other than to increase the probability of a live birth,
to preserve the life or health of the child after live birth, to terminate
an ectopic pregnancy, or to 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;
`(2) the term 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;
`(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;
`(4) 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; and
`(5) the term `State' includes the District of Columbia and any commonwealth,
possession, or other territory of the United States, and any Indian
tribe or reservation.
`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. For
the purposes of this section, the terms `State', `minor', and `abortion'
have, respectively, the definitions given those terms in section 2435.'.
SEC. 3. CLERICAL AMENDMENT.
The table of chapters at the beginning of part I of title 18, United
States Code, is amended by inserting after the item relating to chapter
117 the following new items:
2431'.
END
