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






                                                       Calendar No. 472
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, Mr. Grassley, Mr. 
     McCain, Mr. Grams, Mr. Hagel, Mr. Burns, and Mr. Smith of New 
  Hampshire) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                             July 16, 1998

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Child Custody Protection 
Act''.</DELETED>

<DELETED>SEC. 2. TRANSPORTATION OF MINORS TO AVOID CERTAIN LAWS 
              RELATING TO ABORTION.</DELETED>

<DELETED>    (a) In General.--Title 18, United States Code, is amended 
by inserting after chapter 117 the following:</DELETED>

 <DELETED>CHAPTER 117A--TRANSPORTATION OF MINORS TO AVOID CERTAIN LAWS 
                     RELATING TO ABORTION</DELETED>

<DELETED>``Sec.
<DELETED>``2401. Transportation of minors to avoid certain laws 
                            relating to abortion.
<DELETED>``Sec. 2401. Transportation of minors to avoid certain laws 
              relating to abortion</DELETED>
<DELETED>    ``(a) Offense.--Except as provided in subsection (b), 
whoever knowingly transport 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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Definitions.--For the purposes of this section--
</DELETED>
        <DELETED>    ``(1) a law requiring parental involvement in a 
        minor's abortion decision is a law--</DELETED>
                <DELETED>    ``(A) requiring, before an abortion is 
                performed on a minor, either--</DELETED>
                        <DELETED>    ``(i) the notification to, or 
                        consent of, a parent or guardian of that minor; 
                        or</DELETED>
                        <DELETED>    ``(ii) proceedings in a State 
                        court; and</DELETED>
                <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) the term `State' includes the District of 
        Columbia and any commonwealth, possession, or other territory 
        of the United States.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``117A. Transportation of minors to avoid certain     2401.''.
laws relating to abortion.

</DELETED>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.--
            ``(1) Generally.--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 that 
        such individual 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, of the State where 
        the individual 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 individual, in a State other than the State 
        where the individual 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 individual resides.
    ``(b) Exceptions.--
            ``(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) An individual transported in violation of this 
        section, and any parent of that individual, 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 
individual or other compelling facts, that before the individual 
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 individual resides.
    ``(d) Civil Action.--Any parent who suffers legal harm from a 
violation of subsection (a) may obtain appropriate relief in a civil 
action.
    ``(e) 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 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 
                regulatory 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.''.
    (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.




                                                       Calendar No. 472

105th CONGRESS

  2d Session

                                S. 1645

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 16, 1998

                       Reported with an amendment