House Committee Approves Measure Barring Transport of Minors Across State Lines To Avoid Abortion Parental Notice, USA

Main Category: Abortion
Article Date: 17 Apr 2005 - 1:00 PDT

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The House Judiciary Committee on Wednesday approved 20-13 a measure (HR 748) that would bar the transportation of minors across state lines for the purpose of evading state abortion parental notification or consent laws, CQ Today reports (Carter/Perine, CQ Today, 4/13). The bill, known as the Child Interstate Abortion Notification Act, would authorize fines or up to one year in prison for people who violate the measure. The measure includes an exception if an abortion is necessary to save the life of a pregnant minor and would allow minors to gain judicial bypass from a judge in their home state to avoid parental notification (Kaiser Daily Reproductive Health Report, 3/21). Under the bill, doctors who perform abortions on minors from other states also could be subject to penalties. The measure states that abortion providers in states without parental consent laws would be required to attempt to notify in person or by certified mail a parent or legal guardian of any minor abortion patient who is a resident of another state. Parents who are not notified of their minor child's abortion would be able to sue for civil damages. The full House is expected to approve the measure as soon as next week, CQ Today reports. A Senate version of the measure (SB 403), sponsored by Sen. John Ensign (R-Nev.), has not yet been heard in committee, according to CQ Today (CQ Today, 4/13). Sen. Rick Santorum (R-Pa.) in January said that passing legislation to avoid circumvention of state parental consent or notification laws is one of the top 10 legislative priorities for Republicans in Congress this session (Kaiser Daily Reproductive Health Report, 3/21).

Proposed Amendments
Before approving the measure, the committee rejected three Democrat-offered amendments to the legislation, CQ Today reports. The panel rejected 12-19 an amendment offered by Rep. Jerrold Nadler (D-N.Y.) that would have exempted a minor's grandparents or adult siblings from being criminally liable for transporting a minor across state lines for an abortion. In addition, the committee rejected 12-18 an amendment offered by Rep. Robert Scott (D-Va.) that would have exempted bus or taxicab drivers or others in the business of professional transportation from being prosecuted under the measure. The committee rejected by voice vote an amendment sponsored by Rep. Maxine Waters (D-Calif.) that would have made an exception for minors whose pregnancies are the result of sex with a parent, guardian or other household family member (CQ Today, 4/13).

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