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Text of the Child Custody Protection Act

This bill was introduced on January 22, 2008, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 22, 2008 (Introduced).

Source: GPO

II

110th CONGRESS

2d Session

S. 2543

IN THE SENATE OF THE UNITED STATES

January 22 (legislative day, January 3), 2008

(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.

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

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.

2432. 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 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.

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.

.

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 laws relating to abortion2431

.