H.R.748 - Child Interstate Abortion Notification Act109th Congress (2005-2006)
|Sponsor:||Rep. Ros-Lehtinen, Ileana [R-FL-18] (Introduced 02/10/2005)|
|Committees:||House - Judiciary|
|Committee Reports:||House Report 109-51,Part 1; House Report 109-51,Part 2|
|Latest Action:||07/11/2005 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 157.|
|Major Recorded Votes:||04/27/2005 : Passed House|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed House
Summary: H.R.748 — 109th Congress (2005-2006)All Bill Information (Except Text)
Passed House amended (04/27/2005)
(This measure has not been amended since it was reported to the House on April 21, 2005. The summary of that version is repeated here.)
Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minors state of residence that requires parental involvement in the minors abortion decision). Makes an exception for an abortion necessary to safe the life of the minor.
Protects from prosecution or civil liability the minor or the minors parents for violations of this Act.
Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place.
Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action.
Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, 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.
Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis.
Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to the parent of a minor seeking an abortion. Allows exceptions if: (1) the physician complies with parental notification requirements in the physicians state; (2) the physician is given documentation that a court in the minors state of residence has waived parental notification or otherwise authorized the minors abortion; (3) the minor provides a written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent and the physician notifies appropriate state officials of such abuse; or (4) the abortion is necessary to save the life of the minor.