Judiciary Bill 2
H. R. 476
A Bill
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
This Act may be cited as the `Child Custody
Protection Act'.
(a) IN GENERAL- Title 18, United States Code, is
amended by inserting after chapter 117 the following:
`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 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'.