[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2543 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2543

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 22 (legislative day, January 3), 2008

Mr. Ensign (for himself, Mr. Alexander, Mr. Brownback, Mr. Bunning, Mr. 
 Coburn, Mr. Coleman, Mr. Cornyn, Mrs. Dole, Mr. Graham, Mr. Grassley, 
    Mr. Hagel, Mrs. Hutchison, Mr. Inhofe, Mr. Kyl, Mr. McCain, Mr. 
   McConnell, Mr. Roberts, Mr. Sessions, Mr. Shelby, Mr. Thune, Mr. 
   Voinovich, Mr. Hatch, and Mr. Nelson of Nebraska) 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.

    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 IN CIRCUMVENTION OF CERTAIN LAWS 
              RELATING TO ABORTION.

    Title 18, United States Code, is amended by inserting after chapter 
117 the following:

 ``CHAPTER 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.
``2432. Transportation of minors in circumvention of certain laws 
                            relating to abortion.
``Sec. 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 or induced on the minor, in a State or a foreign 
        nation 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--
            ``(1) reasonably believed, based on information the 
        defendant obtained directly from a parent of the minor, that 
        before the minor obtained the abortion, the parental consent or 
        notification 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; or
            ``(2) was presented with documentation showing with a 
        reasonable degree of certainty that a court in the minor's 
        State of residence waived any parental notification required by 
        the laws of that State, or otherwise authorized that the minor 
        be allowed to procure an abortion.
    ``(d) Civil Action.--Any parent who suffers harm from a violation 
of subsection (a) may obtain appropriate relief in a civil action 
unless the parent has committed an act of incest with the minor subject 
to subsection (a).
    ``(e) Definitions.--For the purposes of this section--
            ``(1) the term `abortion' means the use or prescription of 
        any instrument, medicine, drug, or any other substance or 
        device intentionally to terminate the pregnancy of a female 
        known to be pregnant, with an intention other than to increase 
        the probability of a live birth, to preserve the life or health 
        of the child after live birth, to terminate an ectopic 
        pregnancy, or to remove a dead unborn child who died as the 
        result of a spontaneous abortion, accidental trauma or a 
        criminal assault on the pregnant female or her unborn child;
            ``(2) the term 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;
            ``(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;
            ``(4) 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; and
            ``(5) the term `State' includes the District of Columbia 
        and any commonwealth, possession, or other territory of the 
        United States, and any Indian tribe or reservation.
``Sec. 2432. Transportation of minors in circumvention of certain laws 
              relating to abortion
    ``Notwithstanding section 2431(b)(2), whoever has committed an act 
of incest with a minor and knowingly transports the minor across a 
State line with the intent that such minor obtain an abortion, shall be 
fined under this title or imprisoned not more than one year, or both. 
For the purposes of this section, the terms `State', `minor', and 
`abortion' have, respectively, the definitions given those terms in 
section 2435.''.

SEC. 3. CLERICAL AMENDMENT.

    The table of chapters at the beginning of part I of title 18, 
United States Code, is amended by inserting after the item relating to 
chapter 117 the following new items:

``117A. Transportation of minors in circumvention of certain    2431''.
                            laws relating to abortion.
                                 <all>