S. 403 · 109th Congress
Abortion bill
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43 cosponsors · 1 D, 42 R
13 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
- Senate Introduced Feb 16, 2005
- Senate Passed Jul 25, 2006 65–34
- House Passed Sep 26, 2006 264–153
Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child 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 minor’s state of residence that requires parental involvement in the minor’s abortion decision).
What it does: CRS summary · Passed House amended · Sep 26, 2006
Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child 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 minor’s state of residence that requires parental involvement in the minor’s 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 minor’s parents for violations of this Act.
Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion.
Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action unless such parent committed an act of incest with the minor.
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 a parent of the minor seeking an abortion. Allows an exception if: (1) the physician complies with parental notification requirements in the physician’s state; (2) the physician is given documentation that a court in the minor’s state of residence has waived parental notification or otherwise authorized the minor’s 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; (4) the abortion is necessary to save the life of the minor (written notice must be given to the minor's parent within 24 hours after the lifesaving abortion is performed): or (5) a person accompanying the minor provides documentation to the physician that such person is the parent of the minor.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
Votes to become law
About this bill and sources
Official title: Child Interstate Abortion Notification Act
Also known as: Child Custody Protection Act
Latest action (Sep 29, 2006): Cloture on the motion to concur in House amendment not invoked in Senate by Yea-Nay Vote. 57 - 42. Record Vote Number: 263. (consideration: CR S10616-10618)
Policy area: Crime and Law Enforcement · Origin: Senate · Introduced: Feb 16, 2005
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML) · Embed in your story
- Senate Introduced Feb 16, 2005
- Senate Passed Jul 25, 2006 65–34
- House Passed Sep 26, 2006 264–153
Final vote · House · Sep 26, 2006
Passage — Passed. Vote details
Speaker of the House: J. Dennis Hastert
Table of every position
All recorded votes (4)
- Ending debate (cloture) Cloture Motion Rejected
Senate · Sep 29, 2006 · “On the Cloture Motion S. 403” · Majority Leader: Bill Frist - Passage Passed
House · Sep 26, 2006 · “On Passage” · Speaker: J. Dennis Hastert - Passage Bill Passed
Senate · Jul 25, 2006 · “On Passage of the Bill S. 403” · Majority Leader: Bill Frist - Amendment Amendment Agreed to
Senate · Jul 25, 2006 · “On the Amendment S.Amdt. 4694 to S. 403 (Child Interstate Abortion Notification Act)” · Majority Leader: Bill Frist