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S. 1645

Child Custody Protection Act

Child Custody Protection Act - Amends the Federal criminal code to prohibit and set penalties for transporting an individual under age 18 across a State line to obtain an abortion and thereby abridging the right of a parent under a law of the State where the individual resides requiring parental involvement in a minor's abortion decision. Makes an exception if the abortion was necessary to save the life of the minor.

Specifies that neither the minor transported nor her parent may be prosecuted or sued for a violation of this Act.

Makes it an affirmative defense to a prosecution for, or to a civil action based on, such a violation that the defendant reasonably believed that before the individual obtained the abortion, the parental consent or notification or judicial authorization that would have been required had the abortion been performed in the State where the individual resides, took place.

Authorizes any parent who suffers legal harm from a violation to obtain appropriate relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by such law as a person to whom notification, or from whom consent, is required.

Cloture not invoked in Senate by Yea-Nay Vote. 54-45. Record Vote No: 282. (consideration: CR S10703-10704)

Sen. Abraham, Spencer [R-MI](R-MI)Sponsor
24 cosponsors24 R
24cosponsors1committees21actions9amendments2related bills15subjects
  1. Floor

    Cloture not invoked in Senate by Yea-Nay Vote. 54-45. Record Vote No: 282. (consideration: CR S10703-10704)

  2. Floor

    Cloture motion on Committee substitute presented in Senate. (consideration: CR S10565)

  3. Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S10564-10567)

  4. Floor

    Motion to proceed considered in Senate. (consideration: CR S10416)

  5. Floor

    Cloture on the motion to proceed invoked in Senate by Yea-Nay Vote. 97-0. Record Vote No: 265. (consideration: CR S10231)

  6. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S10229-10230)

  7. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S10196-10198)

  8. Floor

    Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S10141)

  9. Floor

    Cloture motion on the motion to proceed presented in Senate. (consideration: CR S10141)

  10. Floor

    Motion to proceed to consideration of measure made in Senate. (consideration: CR S10141)

  11. Floor

    By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-268. Minority views filed.

    Judiciary Committee
  12. Committee14900

    By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-268. Minority views filed.

    Judiciary Committee
  13. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 472.

  14. Committee

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  15. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  16. Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  17. Committee

    Committee on Judiciary. Committee consideration and Mark Up Session held.

    Judiciary Committee
  18. Committee

    Committee on Judiciary. Hearings held. Hearings printed: S.Hrg. 105-802.

    Judiciary Committee
  19. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  20. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S751-752)

  21. IntroReferral10000

    Introduced in Senate

Jul 16, 199801

Child Custody Protection Act - Amends the Federal criminal code to prohibit and set penalties for transporting an individual under age 18 across a State line to obtain an abortion and thereby abridging the right of a parent under a law of the State where the individual resides requiring parental involvement in a minor's abortion decision. Makes an exception if the abortion was necessary to save the life of the minor.

Specifies that neither the minor transported nor her parent may be prosecuted or sued for a violation of this Act.

Makes it an affirmative defense to a prosecution for, or to a civil action based on, such a violation that the defendant reasonably believed that before the individual obtained the abortion, the parental consent or notification or judicial authorization that would have been required had the abortion been performed in the State where the individual resides, took place.

Authorizes any parent who suffers legal harm from a violation to obtain appropriate relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by such law as a person to whom notification, or from whom consent, is required.

Feb 12, 199800

Child Custody Protection Act - Amends the Federal criminal code to prohibit and set penalties for transporting an individual under age 18 across a State line to obtain an abortion if the requirements of a law in the State where the individual resides, requiring parental involvement in a minor's abortion decision, are not met before obtaining the abortion. Makes an exception if the abortion was necessary to save the life of the minor.

Authorizes any parent or guardian who suffers legal harm from a violation to obtain appropriate relief in a civil action.