II 109th CONGRESS 1st Session S. 8 IN THE SENATE OF THE UNITED STATES January 24, 2005 Mr. Ensign (for himself, Mr. Hagel, Mr. Brownback, Mr. Santorum, Mr. Kyl, Mr. Frist, Mrs. Dole, Mr. Sessions, Mr. Grassley, Mr. Allen, Mr. Bunning, Mr. Coburn, Mr. DeMint, and Mr. McConnell) 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.

1.

Short title

This Act may be cited as the Child Custody Protection Act.

2.

Transportation of minors in circumvention of certain laws relating to abortion

(a)

In general

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)

Offense

(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 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)

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)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 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)

Civil action

Any parent who suffers 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 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)

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 in circumvention of certain laws relating to abortion2431”.