[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3102 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3102

 To require the written consent of a parent of an unemancipated minor 
       prior to the referral of such minor for abortion services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 25 (legislative day, September 22), 2000

 Mr. Ashcroft introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require the written consent of a parent of an unemancipated minor 
       prior to the referral of such minor for abortion services.

    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 ``Putting Parents First Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the family plays a unique role in our culture, it is 
        the institution by which we inculcate and pass down many of our 
        most cherished values;
            (2) the custody, care, and nurture of the child reside 
        first in the parents, whose primary function and freedom 
        include preparation for obligations the State can neither 
        supply nor hinder;
            (3) parents have the right and duty to be involved in 
        helping their minor children make important life decisions;
            (4) whether or not to beget a child is the most fundamental 
        decision in our culture;
            (5) parental involvement in this crucial decision is 
        necessary to ensure that the sanctity of human life is given 
        appropriate consideration;
            (6) parental inclusion will result in the protection of 
        human life; and
            (7) Congress is granted authority in section 5 of the 14th 
        Amendment to the Constitution of the United States to enact 
        laws that protect the right to life.

SEC. 3. PARENTAL CONSENT OR JUDICIAL BYPASS REQUIRED.

    (a) In General.--No individual shall knowingly perform an abortion 
upon or prescribe an abortifacient to a pregnant woman under the age of 
18 years unless--
            (1) the attending physician has secured the informed 
        written consent of the minor and a parent or guardian of the 
        minor; or
            (2) the attending physician has secured the informed 
        written consent of the minor and a court order waiving the need 
        for the consent of a parent or guardian pursuant to the 
        judicial bypass procedure described in section 4.
    (b) Penalty.--Any person who violates subsection (a) shall be fined 
not more than $25,000, or imprisoned for not more than 1 year, or both.

SEC. 4. JUDICIAL BYPASS.

    (a) In General.--A court of competent jurisdiction shall issue an 
order waiving the requirement for the informed written consent of a 
parent or guardian under section 3 if the court finds by clear and 
convincing evidence on an individual basis that--
            (1) the process of obtaining the informed written consent 
        of such parent or guardian is not in the best interests of the 
        minor petitioner; or
            (2) the minor petitioner is an emancipated minor.
    (b) Procedures.--
            (1) Confidential proceedings.--A proceeding under this 
        section shall be done under seal, be confidential, and ensure 
the anonymity of the minor petitioner.
            (2) Filing.--A minor or a minor's legal representative may 
        file a petition under this section using the initials of the 
        minor.
            (3) Preference.--Proceedings under this section shall--
                    (A) be given preference over other proceedings;
                    (B) be expedited to the extent possible; and
                    (C) be concluded not later than 72 hours after the 
                filing of the petition unless an extension is sought by 
                the minor petitioner.
            (4) Findings.--A court that conducts proceedings under this 
        section shall make written findings of fact and conclusions of 
        law supporting its decision and shall maintain a confidential 
        record of the proceedings to facilitate appellate review.
            (5) Review.--A decision under this section denying a 
        request to waive the requirement for the informed consent of a 
        parent or guardian under section 3 shall be eligible for 
        expedited appellate review.
    (c) Definitions.--In this section:
            (1) Court of competent jurisdiction.--The term ``court of 
        competent jurisdiction'' means any State court eligible to hear 
        juvenile or family law matters, except that States may 
        designate specific State courts to consider petitions for 
        judicial bypass under this section.
            (2) Expedited appellate review.--The term ``expedited 
        appellate review'' means review by whatever court juvenile or 
        family law matters are generally appealed to, except that 
        States may designate specific appellate courts to consider 
        appeals under this section.

SEC. 5. APPLICATION OF STATE LAWS.

    The provisions of this Act shall not be construed to preempt 
provisions of State law that provide greater protections to parents of 
minors seeking abortions than the protections provided by this Act.
                                 <all>