H R 748 in Congressional Session 109

Official Summary

 

Bill Number : H R 748

 

Title : To amend title 18, United States Code, to prevent the transportation of minors in circumvention of certain laws relating to abortion, and for other purposes.

 

SUMMARY AS OF:4/27/2005

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 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 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:

  • the physician complies with parental notification requirements in the physician’s state
  • 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
  • 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
  • the abortion is necessary to save the life of the minor

Votes

Title : To amend title 18, United States Code, to prevent the transportation of minors in circumvention of certain laws relating to abortion, and for other purposes.
Votes in the US Senate
This Bill was not Voted in the US Senate
Votes in the US House
Roll NumberVote DateQuestionDescriptionVote Result
1442005-04-27On Passage Child Interstate Abortion Notification ActP
1432005-04-27On Motion to Recommit with Instructions Child Interstate Abortion Notification ActF

Sponsors

 
Congressional Sponsors of H R 748
 
Bill Number : H R 748
Title : To amend title 18, United States Code, to prevent the transportation of minors in circumvention of certain laws relating to abortion, and for other purposes.
Sponsor: Rep Ros-Lehtinen, Ileana [FL-18] (introduced 2/10/2005)      
, ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

    Rep Aderholt, Robert B. [AL-4] - 2/10/2005

    Rep Akin, W. Todd [MO-2] - 2/10/2005

    Rep Alexander, Rodney [LA-5] - 2/10/2005

    Rep Bachus, Spencer [AL-6] - 2/10/2005

    Rep Baker, Richard H. [LA-6] - 2/10/2005

    Rep Barrett, J. Gresham [SC-3] - 2/10/2005

    Rep Bartlett, Roscoe G. [MD-6] - 2/10/2005

    Rep Berry, Marion [AR-1] - 2/10/2005

    Rep Blackburn, Marsha [TN-7] - 2/10/2005

    Rep Blunt, Roy [MO-7] - 2/10/2005

    Rep Boehner, John A. [OH-8] - 2/10/2005

    Rep Bonilla, Henry [TX-23] - 3/10/2005

    Rep Boozman, John [AR-3] - 2/10/2005

    Rep Boustany, Charles W., Jr. [LA-7] - 4/5/2005

    Rep Brady, Kevin [TX-8] - 2/10/2005

    Rep Burton, Dan [IN-5] - 2/10/2005

    Rep Buyer, Steve [IN-4] - 2/10/2005

    Rep Camp, Dave [MI-4] - 3/10/2005

    Rep Cantor, Eric [VA-7] - 2/10/2005

    Rep Chabot, Steve [OH-1] - 2/10/2005

    Rep Chocola, Chris [IN-2] - 2/10/2005

    Rep Costello, Jerry F. [IL-12] - 2/10/2005

    Rep Cubin, Barbara [WY] - 2/10/2005

    Rep Cunningham, Randy (Duke) [CA-50] - 2/10/2005

    Rep Davis, Geoff [KY-4] - 2/10/2005

    Rep Davis, Jo Ann [VA-1] - 2/10/2005

    Rep Davis, Lincoln [TN-4] - 2/10/2005

    Rep Deal, Nathan [GA-10] - 4/20/2005

    Rep DeLay, Tom [TX-22] - 2/10/2005

    Rep Diaz-Balart, Lincoln [FL-21] - 2/10/2005

    Rep Diaz-Balart, Mario [FL-25] - 2/10/2005

    Rep Doolittle, John T. [CA-4] - 2/10/2005

    Rep Drake, Thelma D. [VA-2] - 2/10/2005

    Rep Ehlers, Vernon J. [MI-3] - 2/10/2005

    Rep Emerson, Jo Ann [MO-8] - 2/10/2005

    Rep Everett, Terry [AL-2] - 2/15/2005

    Rep Ferguson, Mike [NJ-7] - 2/10/2005

    Rep Forbes, J. Randy [VA-4] - 2/10/2005

    Rep Fortenberry, Jeff [NE-1] - 3/3/2005

    Rep Fossella, Vito [NY-13] - 2/10/2005

    Rep Foxx, Virginia [NC-5] - 2/10/2005

    Rep Franks, Trent [AZ-2] - 2/10/2005

    Rep Garrett, Scott [NJ-5] - 2/10/2005

    Rep Goode, Virgil H., Jr. [VA-5] - 2/10/2005

    Rep Goodlatte, Bob [VA-6] - 2/10/2005

    Rep Green, Mark [WI-8] - 2/10/2005

    Rep Gutknecht, Gil [MN-1] - 2/10/2005

    Rep Hall, Ralph M. [TX-4] - 2/17/2005

    Rep Hart, Melissa A. [PA-4] - 2/10/2005

    Rep Hayes, Robin [NC-8] - 2/10/2005

    Rep Hayworth, J. D. [AZ-5] - 2/10/2005

    Rep Herger, Wally [CA-2] - 2/15/2005

    Rep Hoekstra, Peter [MI-2] - 2/10/2005

    Rep Hostettler, John N. [IN-8] - 2/10/2005

    Rep Hunter, Duncan [CA-52] - 2/10/2005

    Rep Hyde, Henry J. [IL-6] - 2/10/2005

    Rep Inglis, Bob [SC-4] - 2/10/2005

    Rep Johnson, Sam [TX-3] - 2/10/2005

    Rep Jones, Walter B., Jr. [NC-3] - 2/10/2005

    Rep Kennedy, Mark R. [MN-6] - 2/10/2005

    Rep King, Peter T. [NY-3] - 2/10/2005

    Rep King, Steve [IA-5] - 2/10/2005

    Rep Kline, John [MN-2] - 2/17/2005

    Rep LaHood, Ray [IL-18] - 2/10/2005

    Rep Latham, Tom [IA-4] - 2/10/2005

    Rep LaTourette, Steven C. [OH-14] - 2/10/2005

    Rep Lewis, Ron [KY-2] - 2/10/2005

    Rep Linder, John [GA-7] - 3/8/2005

    Rep Manzullo, Donald A. [IL-16] - 2/10/2005

    Rep Marshall, Jim [GA-3] - 2/10/2005

    Rep McCaul, Michael T. [TX-10] - 2/10/2005

    Rep McCotter, Thaddeus G. [MI-11] - 2/10/2005

    Rep McCrery, Jim [LA-4] - 2/10/2005

    Rep McHenry, Patrick T. [NC-10] - 2/10/2005

    Rep McHugh, John M. [NY-23] - 2/17/2005

    Rep McIntyre, Mike [NC-7] - 2/10/2005

    Rep McMorris Rodgers, Cathy [WA-5] - 2/10/2005

    Rep Miller, Candice S. [MI-10] - 2/10/2005

    Rep Miller, Jeff [FL-1] - 2/17/2005

    Rep Moran, Jerry [KS-1] - 2/15/2005

    Rep Musgrave, Marilyn N. [CO-4] - 2/10/2005

    Rep Myrick, Sue Wilkins [NC-9] - 2/10/2005

    Rep Neugebauer, Randy [TX-19] - 2/10/2005

    Rep Ney, Robert W. [OH-18] - 2/10/2005

    Rep Northup, Anne M. [KY-3] - 2/10/2005

    Rep Norwood, Charles W. [GA-9] - 4/5/2005

    Rep Oberstar, James L. [MN-8] - 2/10/2005

    Rep Otter, C. L. (Butch) [ID-1] - 2/15/2005

    Rep Pence, Mike [IN-6] - 2/10/2005

    Rep Peterson, Collin C. [MN-7] - 2/10/2005

    Rep Peterson, John E. [PA-5] - 2/10/2005

    Rep Petri, Thomas E. [WI-6] - 3/8/2005

    Rep Pickering, Charles W. "Chip" [MS-3] - 2/10/2005

    Rep Pitts, Joseph R. [PA-16] - 2/10/2005

    Rep Platts, Todd Russell [PA-19] - 2/10/2005

    Rep Portman, Rob [OH-2] - 2/10/2005

    Rep Putnam, Adam H. [FL-12] - 2/10/2005

    Rep Renzi, Rick [AZ-1] - 2/10/2005

    Rep Rogers, Harold [KY-5] - 2/10/2005

    Rep Rogers, Mike D. [AL-3] - 2/10/2005

    Rep Rogers, Mike J. [MI-8] - 2/10/2005

    Rep Ryan, Paul [WI-1] - 2/17/2005

    Rep Ryun, Jim [KS-2] - 2/10/2005

    Rep Schwarz, John J.H. "Joe" [MI-7] - 4/21/2005

    Rep Sessions, Pete [TX-32] - 2/10/2005

    Rep Shadegg, John B. [AZ-3] - 4/12/2005

    Rep Shimkus, John [IL-19] - 2/10/2005

    Rep Shuster, Bill [PA-9] - 2/10/2005

    Rep Simpson, Michael K. [ID-2] - 2/17/2005

    Rep Skelton, Ike [MO-4] - 2/17/2005

    Rep Smith, Christopher H. [NJ-4] - 2/10/2005

    Rep Smith, Lamar [TX-21] - 2/10/2005

    Rep Souder, Mark E. [IN-3] - 2/10/2005

    Rep Stearns, Cliff [FL-6] - 2/10/2005

    Rep Stupak, Bart [MI-1] - 2/10/2005

    Rep Sullivan, John [OK-1] - 2/10/2005

    Rep Tancredo, Thomas G. [CO-6] - 2/10/2005

    Rep Taylor, Charles H. [NC-11] - 2/10/2005

    Rep Taylor, Gene [MS-4] - 2/15/2005

    Rep Terry, Lee [NE-2] - 2/10/2005

    Rep Tiahrt, Todd [KS-4] - 2/10/2005

    Rep Tiberi, Patrick J. [OH-12] - 2/10/2005

    Rep Turner, Michael R. [OH-3] - 4/6/2005

    Rep Wamp, Zach [TN-3] - 2/10/2005

    Rep Weldon, Dave [FL-15] - 2/10/2005

    Rep Westmoreland, Lynn A. [GA-8] - 2/10/2005

    Rep Wicker, Roger F. [MS-1] - 2/10/2005

    Rep Wilson, Joe [SC-2] - 2/10/2005

    Rep Wolf, Frank R. [VA-10] - 4/12/2005

Other Info

Bill Number : H R 748
Title : To amend title 18, United States Code, to prevent the transportation of minors in circumvention of certain laws relating to abortion, and for other purposes.
 
 
ALL ACTIONS:
 
2/10/2005:Referred to the House Committee on the Judiciary.
 
3/1/2005:Referred to the Subcommittee on the Constitution.
 
3/3/2005:Subcommittee Hearings Held.
 
3/17/2005:Subcommittee Consideration and Mark-up Session Held.
 
3/17/2005:Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
 
4/13/2005:Committee Consideration and Mark-up Session Held.
 
4/13/2005:Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 13.
 
4/12/2005:Sponsor introductory remarks on measure. (CR H1872-1873)
 
4/13/2005:Sponsor introductory remarks on measure. (CR H1900, H1943)
 
4/21/2005 3:13pm:Reported (Amended) by the Committee on Judiciary. H. Rept. 109-51.
 
4/21/2005 3:13pm:Placed on the Union Calendar, Calendar No. 30.
 
4/26/2005 10:32pm:Rules Committee Resolution H. Res. 236 Reported to House. Rule provides for consideration of H.R. 748 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Specified amendments are in order.
 
4/27/2005 2:06pm:Rule H. Res. 236 passed House.
 
4/27/2005 3:53pm:Considered under the provisions of rule H. Res. 236. (consideration: CR H2593-2616)
 
4/27/2005 3:53pm:Rule provides for consideration of H.R. 748 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Specified amendments are in order.
 
4/27/2005 3:53pm:House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 236 and Rule XVIII.
 
4/27/2005 3:53pm:The Speaker designated the Honorable Mark Foley to act as Chairman of the Committee.
 
4/27/2005 3:53pm:GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 748.
 
4/27/2005 5:09pm:DEBATE - Pursuant to the provisions of H. Res. 236 the Committee of the Whole proceeded with 20 minutes of debate on the Scott (VA) amendment.
 
4/27/2005 5:26pm:POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment the Chair put the question on agreeing to the amendment and by voice vote announced that the noes had prevailed. Mr. Scott (VA) demanded a recorded vote and the Chair postponed further consideration until later in the legislative day.
 
4/27/2005 5:28pm:DEBATE - Pursuant to the provisions of H. Res. 236 the Committee of the Whole proceeded with 20 minutes of debate on the Jackson-Lee (TX) amendment.
 
4/27/2005 5:48pm:POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson-Lee (TX) amendment the Chair put the question on agreeing to the amendment and by voice vote announced that the noes had prevailed. Ms. Jackson -Lee (TX) demanded a recorded vote and the Chair postponed further consideration until later in the legislative day.
 
4/27/2005 5:49pm:UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of specified amendments which had been debated earlier and on which further proceedings had been postponed.
 
4/27/2005 6:23pm:The House rose from the Committee of the Whole House on the state of the Union to report H.R. 748.
 
4/27/2005 6:23pm:The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
 
4/27/2005 6:23pm:The previous question was ordered pursuant to the rule. (consideration: CR H2614)
 
4/27/2005 6:25pm:Mr. Nadler moved to recommit with instructions to Judiciary.
 
4/27/2005 6:26pm:DEBATE - The House proceeded with 10 minutes of debate on the Nadler motion to recommit.
 
4/27/2005 6:50pm:On motion to recommit with instructions Failed by the Yeas and Nays: 183 - 245 (Roll no. 143). (consideration: CR H2614-2615; text: CR H2614)
 
4/27/2005 6:58pm:On passage Passed by recorded vote: 270 - 157 (Roll no. 144). (text: CR H2606-2607)
 
4/27/2005 6:58pm:Motion to reconsider laid on the table Agreed to without objection.
 
4/28/2005:Received in the Senate.
 
5/5/2005 12:19pm:Supplemental report filed by the Committee on Judiciary, H. Rept. 109-51, Part II.
 
7/1/2005:Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
 
7/11/2005:Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 157.