1.
This Act may be cited as the
Child Custody Protection
Act
.
2.
Transportation of minors in circumvention of certain laws
relating to abortion
(a)
Title 18, United States Code,
is amended by inserting after chapter 117 the following:
117A
Transportation of minors in circumvention of certain laws
relating to abortion
Sec
2431. Transportation of
minors in circumvention of certain laws relating to abortion
2431.
Transportation of minors in circumvention of certain laws
relating to abortion
(a)
(1)
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)
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.
(b)
(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)
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)
Any parent who suffers harm
from a violation of subsection (a) may obtain appropriate relief in a civil
action.
(e)
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.
.
(b)
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”.