S 3650
Child Interstate Abortion Notification Act
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Bill overview
This bill, the Child Interstate Abortion Notification Act, aims to prevent minors from traveling across state lines to obtain abortions in a way that circumvents parental involvement laws. It would make it a federal crime to transport a minor across state lines to obtain an abortion if doing so would violate a state’s law requiring parental notification or consent. The bill also addresses situations involving incest and physician practices related to abortion procedures on minors, establishing notification requirements and potential penalties.
Key provisions
- Prohibits transporting a minor across state lines to obtain an abortion if it circumvents state parental involvement laws.
- Creates federal criminal penalties for transporting a minor to obtain an abortion in violation of state law.
- Establishes exceptions for life-endangering conditions and situations where the minor is the victim of sexual abuse.
- Provides a defense for individuals who reasonably believed parental consent or notification had occurred.
- Requires physicians to provide 24 hours of actual notice to a minor’s parent before performing or inducing an abortion, with exceptions for certain circumstances.
- Addresses incestuous relationships involving minors seeking abortions.
- Defines key terms such as ‘abortion,’ ‘parental involvement,’ and ‘minor’ for the purposes of the law.
- Establishes a 45-day effective date after enactment.
Who is affected
- Minors seeking abortions
- Parents of minors
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119th CONGRESS — 2d Session
S. 3650
IN THE SENATE OF THE UNITED STATES
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.
This Act may be cited as the Child Interstate Abortion Notification Act
.
Part I of title 18, United States Code, is amended by inserting after chapter 117 the following:
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 in which the minor resides, shall be fined under this title or imprisoned not more than 1 year, or both.
For the purposes of this subsection, an abridgement of the right of a parent under a law requiring parental involvement in a minor’s abortion decision 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 by that law had the abortion been performed in the State in which the minor resides.
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.
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.
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, 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 in which the minor resides; or
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.
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).
For the purposes of this section—
the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally—
kill the unborn child of a woman known to be pregnant; or
prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to—
the term law requiring parental involvement in a minor’s abortion decision means a law—
requiring, before an abortion is performed on a minor, either—
the notification to, or consent of, a parent of that minor; or
proceedings in a State court; and
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;
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;
the term parent means—
a parent or guardian;
a legal custodian; or
an individual standing in loco parentis—
the term State includes—
Part I of title 18, United States Code, is amended by inserting after chapter 117A (as added by section 2) the following:
A physician who knowingly performs or induces an abortion on a minor in violation of the requirement under paragraph (2) shall be fined under this title or imprisoned not more than 1 year, or both.
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.
The notification requirement under subsection (a)(2) shall not apply if—
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;
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;
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 or induced 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;
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 in writing that an abortion was performed or induced, as applicable, on the minor and of the circumstances that warranted invocation of this paragraph; or
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.
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).
For the purposes of this section—
the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally—
kill the unborn child of a woman known to be pregnant; or
prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to—
the term actual notice means the giving of written notice directly, in person, by the physician or any agent of the physician;
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;
the term law requiring parental involvement in a minor’s abortion decision means a law—
requiring, before an abortion is performed on a minor, either—
the notification to, or consent of, a parent of that minor; or
proceedings in a State court; and
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;
the term parent means—
a parent or guardian;
a legal custodian; or
an individual standing in loco parentis—
as determined by State law;
the term physician means—
the term State includes—
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:
The provisions of this Act shall be severable. If any provision of or amendment made by this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or amendment, or any application thereof, not so adjudicated.
This Act and the amendments made by this Act shall take effect 45 days after the date of enactment of this Act.