S 32 ISCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 32CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 22 (legislative day, January 3), 2013CommentsClose CommentsPermalink

Mr. PORTMAN introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Child Custody Protection Act of 2013’.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION

‘Sec.CommentsClose CommentsPermalink





‘2431. Transportation of minors in circumvention of certain laws relating to abortion.CommentsClose CommentsPermalink





‘2432. Transportation of minors in circumvention of certain laws relating to incest.CommentsClose CommentsPermalink

‘Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion

‘(a) Definitions- In this section--CommentsClose CommentsPermalink





‘(1) the term ‘law requiring parental involvement in a minor’s abortion decision’ means a law in force in the State in which a minor resides--CommentsClose CommentsPermalink





‘(A) that requires, before an abortion is performed on the minor--CommentsClose CommentsPermalink





‘(i) notification to, or consent of, a parent of the minor; orCommentsClose CommentsPermalink





‘(ii) judicial authorization from a State court; andCommentsClose CommentsPermalink





‘(B) that does not provide as an alternative to the requirements described in subparagraph (A)--CommentsClose CommentsPermalink





‘(i) notification to, or consent of, an individual who is not a parent of the minor; orCommentsClose CommentsPermalink





‘(ii) authorization from an entity that is not a State court;CommentsClose CommentsPermalink





‘(2) the term ‘parent’ means--CommentsClose CommentsPermalink





‘(A) a parent or guardian;CommentsClose CommentsPermalink





‘(B) a legal custodian; orCommentsClose CommentsPermalink





‘(C) an individual standing in loco parentis who has care and control of a minor, with whom the minor regularly resides, and who is designated by a law requiring parental involvement in the minor’s abortion decision as an individual to whom notification, or from whom consent, is required;CommentsClose CommentsPermalink





‘(3) the term ‘minor’ means an individual who is not older than the maximum age requiring parental notification or consent, or judicial authorization from a State court, under a law requiring parental involvement in a minor’s abortion decision; andCommentsClose CommentsPermalink





‘(4) the term ‘State’ includes the District of Columbia and any commonwealth, possession, or other territory of the United States.CommentsClose CommentsPermalink





‘(b) Offense-CommentsClose CommentsPermalink





‘(1) GENERALLY- Except as provided in subsection (c), whoever knowingly transports a minor across a State line, with the intent that the minor obtain an abortion, and thereby in fact abridges the right of a parent of the minor under a law requiring parental involvement in a minor’s abortion decision, shall be fined under this title or imprisoned not more than 1 year, or both.CommentsClose CommentsPermalink





‘(2) DEFINITION- For purposes of this subsection, an abridgement of the right of a parent of a minor occurs if an abortion is performed on the minor, in a State other than the State in which the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required under a law requiring parental involvement in a minor’s abortion decision, had the abortion been performed in the State where the minor resides.CommentsClose CommentsPermalink





‘(c) Exceptions-CommentsClose CommentsPermalink





‘(1) LIFE-ENDANGERING CONDITIONS- The prohibition under subsection (b) shall not apply in the case of an abortion that is necessary to save the life of a minor because her life is endangered by a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself.CommentsClose CommentsPermalink





‘(2) MINORS AND PARENTS- A minor transported in violation of this section, and any parent of the 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.CommentsClose CommentsPermalink





‘(d) 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, that would have been required under the law requiring parental involvement in a minor’s abortion decision, had the abortion been performed in the State where the minor resides, took place.CommentsClose CommentsPermalink





‘(e) Civil Action- Any parent who suffers harm from a violation of subsection (b) may obtain appropriate relief in a civil action, unless the parent has committed an act of incest with the minor who was transported in violation of subsection (b).CommentsClose CommentsPermalink

‘Sec. 2432. Transportation of minors in circumvention of certain laws relating to incest

‘Notwithstanding section 2431(c)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that the minor obtain an abortion, shall be fined under this title or imprisoned not more than 1 year, or both.’.CommentsClose CommentsPermalink





(b) Technical and Conforming 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:CommentsClose CommentsPermalink

2431.’.CommentsClose CommentsPermalink