[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1645 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1645

To amend title 18, United States Code, to prohibit taking minors across 
   State lines to avoid laws requiring the involvement of parents in 
                          abortion decisions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 1998

    Mr. Abraham (for himself, Mr. Lott, Mr. DeWine, Mr. Inhofe, Mr. 
 Nickles, Mr. Coverdell, Mr. Helms, Mr. Coats, Mr. Sessions, Mr. Enzi, 
   Mr. Craig, Mr. Kyl, Mr. Hatch, Mr. Faircloth, Mr. Brownback, Mr. 
 Santorum, Mr. McConnell, Mr. Hutchinson, Mr. Bond, and Mr. Grassley) 
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 to avoid 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 TO AVOID 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 TO AVOID CERTAIN LAWS RELATING 
                              TO ABORTION

``Sec.
``2401. Transportation of minors to avoid certain laws relating to 
                            abortion.
``Sec. 2401. Transportation of minors to avoid certain laws relating to 
              abortion
    ``(a) Offense.--Except as provided in subsection (b), whoever 
knowingly transports an individual who has not attained the age of 18 
years across a State line, with the intent such individual obtain an 
abortion, if in fact the requirements of a law, requiring parental 
involvement in a minor's abortion decision, in the State where the 
individual resides, are not met before the individual obtains the 
abortion, shall be fined under this title or imprisoned not more than 
one year, or both.
    ``(b) Exception.--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.
    ``(c) Civil Action.--Any parent or guardian who suffers legal harm 
from a violation of subsection (a) may obtain appropriate relief in a 
civil action.
    ``(d) Definitions.--For the purposes of this section--
            ``(1) a law requiring parental involvement in a minor's 
        abortion decision is a law--
                    ``(A) requiring, before an abortion is performed on 
                a minor, either--
                            ``(i) the notification to, or consent of, a 
                        parent or guardian 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 `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
            ``(3) the term `State' includes the District of Columbia 
        and any commonwealth, possession, or other territory of the 
        United States.''.
    (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 to avoid certain laws         2401.''.
relating to abortion.
                                 <all>