[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 109 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 109
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 28, 2021
Mr. Rubio (for himself, Mrs. Hyde-Smith, Mr. Blunt, Mr. Grassley, Mr.
Cruz, Mr. Risch, Mr. Inhofe, Mrs. Fischer, Ms. Ernst, Mr. Lankford, Mr.
Thune, Mr. Braun, Mrs. Blackburn, Mr. Kennedy, Mr. Cassidy, Mr. Paul,
Mr. Tillis, Mr. Scott of South Carolina, Mr. Hawley, and Mr. Cramer)
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 Interstate Abortion
Notification Act''.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
Part I of 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 and incest.
``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 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,
in force in the State in which the minor resides, shall be
fined under this title or imprisoned not more than 1 year, or
both.
``(2) Definition.--For the purposes of this subsection, an
abridgement of the right of a parent of a minor occurs if an
abortion is performed or induced on the minor, in a State other
than the State in which the minor resides or in a foreign
country, 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 in which
the minor resides.
``(b) Exceptions.--
``(1) Life-endangering conditions.--The prohibition under
subsection (a) shall not apply if the abortion is necessary to
save the life of the 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.
``(2) Minors and parents.--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 of this title 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 under the
law requiring parental involvement in a minor's abortion
decision, had the abortion been performed in the State in which
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
described in 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 other substance or device to
intentionally--
``(A) kill the unborn child of a woman known to be
pregnant; or
``(B) prematurely terminate the pregnancy of a
woman known to be pregnant, with an intention other
than to--
``(i) increase the probability of a live
birth or of preserving the life or health of
the child after live birth; or
``(ii) remove a dead unborn child;
``(2) the term `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 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 a 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) an individual standing in loco parentis--
``(i) who has care and control of the
minor;
``(ii) with whom the minor regularly
resides; and
``(iii) who is designated by the law
requiring parental involvement in the minor's
abortion decision as an individual to whom
notification, or from whom consent, is
required; and
``(5) the term `State' includes--
``(A) the District of Columbia;
``(B) any commonwealth, possession, or other
territory of the United States; and
``(C) any Indian Tribe or reservation.
``Sec. 2432. Transportation of minors in circumvention of certain laws
relating to abortion and incest
``(a) Offense.--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 the minor obtain an
abortion, shall be fined under this title or imprisoned not more than 1
year, or both.
``(b) Definitions.--For the purposes of this section, the terms
`abortion', `minor', and `State' have the meanings given those terms in
section 2435.''.
SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION.
Part I of title 18, United States Code, is amended by inserting
after chapter 117A (as added by section 2) the following:
``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION
``Sec.
``2435. Child interstate abortion notification.
``Sec. 2435. Child interstate abortion notification
``(a) Offense.--
``(1) Generally.--A physician who knowingly performs or
induces an abortion on a minor in violation of the requirements
of this section shall be fined under this title or imprisoned
not more than 1 year, or both.
``(2) Parental notification.--
``(A) Actual notice.--A physician who performs or
induces an abortion on a minor who is a resident of a
State other than the State in which the abortion is
performed or induced shall provide, or cause his or her
agent to provide, not less than 24 hours actual notice
to a parent of the minor before performing or inducing
the abortion.
``(B) Constructive notice.--If actual notice to a
parent under subparagraph (A) is not accomplished after
a reasonable effort has been made, not less than 24
hours constructive notice shall be given to a parent of
the minor before the abortion is performed or induced.
``(b) Exceptions.--The notification requirement under subsection
(a)(2) shall not apply if--
``(1) the abortion is performed or induced in a State that
has in force a law requiring parental involvement in a minor's
abortion decision and the physician complies with the
requirements of that law;
``(2) the physician is presented with documentation showing
with a reasonable degree of certainty that a court in the
minor's State of residence has waived any parental notification
required by the laws of that State, or has otherwise authorized
that the minor be allowed to procure an abortion;
``(3) the minor declares in a signed written statement that
she is the victim of sexual abuse, neglect, or physical abuse
by a parent, and, before an abortion is performed on the minor,
the physician notifies the authorities specified to receive
reports of child abuse or neglect by the law of the State in
which the minor resides of the known or suspected abuse or
neglect;
``(4) the abortion is 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, except that an exception under this paragraph
shall not apply unless the attending physician or an agent of
such physician, not later than 24 hours after completion of the
abortion, notifies a parent of the minor in writing that an
abortion was performed on the minor and of the circumstances
that warranted invocation of this paragraph; or
``(5) the minor is physically accompanied by a person who
presents the physician or his or her agent with documentation
showing with a reasonable degree of certainty that he or she is
in fact the parent of that minor.
``(c) 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
described in subsection (a).
``(d) Definitions.--For the purposes of this section--
``(1) the term `abortion' means the use or prescription of
any instrument, medicine, drug, or other substance or device to
intentionally--
``(A) kill the unborn child of a woman known to be
pregnant; or
``(B) prematurely terminate the pregnancy of a
woman known to be pregnant, with an intention other
than to--
``(i) increase the probability of a live
birth or of preserving the life or health of
the child after live birth; or
``(ii) remove a dead unborn child;
``(2) the term `actual notice' means the giving of written
notice directly, in person, by the physician or any agent of
the physician;
``(3) the term `constructive notice' means notice that is
given by certified mail, return receipt requested, restricted
delivery to the last known address of the person being
notified, with delivery deemed to have occurred 48 hours
following noon on the next day subsequent to mailing on which
regular mail delivery takes place, excluding days on which mail
is not delivered;
``(4) the term `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 not
described in that subparagraph;
``(5) the term `minor' means an individual who--
``(A) has not attained the age of 18 years; and
``(B) is not emancipated under the law of the State
in which the minor resides;
``(6) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) an individual standing in loco parentis--
``(i) who has care and control of the
minor; and
``(ii) with whom the minor regularly
resides,
as determined by State law;
``(7) the term `physician' means--
``(A) a doctor of medicine legally authorized to
practice medicine by the State in which the doctor
practices medicine; or
``(B) any other person legally empowered under
State law to perform an abortion; and
``(8) the term `State' includes--
``(A) the District of Columbia;
``(B) any commonwealth, possession, or other
territory of the United States; and
``(C) any Indian Tribe or reservation.''.
SEC. 4. 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.
``117B. Child interstate abortion notification.............. 2435''.
SEC. 5. SEVERABILITY AND EFFECTIVE DATE.
(a) Severability.--The provisions of this Act shall be severable.
If any provision of this Act, or any application thereof, is found
unconstitutional, that finding shall not affect any provision or
application of the Act not so adjudicated.
(b) Effective Date.--This Act and the amendments made by this Act
shall take effect 45 days after the date of enactment of this Act.
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