HR 476 RFS
107th CONGRESS
2d Session
H. R. 476
IN THE SENATE OF THE UNITED STATES
April 17, 2002
Received; read twice and referred to the Committee on the Judiciary
AN ACT
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.
(a) IN GENERAL- 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.
`Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
`(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, in force in 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 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 abortion
--2431'.
Passed the House of Representatives April 17, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
END