(This measure has not been amended since it was reported to the House on April 21, 2005. The summary of that version is repeated here.)
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 minors state of residence that requires parental involvement in the minors 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 minors 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: (1) the physician complies with parental notification requirements in the physicians state; (2) the physician is given documentation that a court in the minors state of residence has waived parental notification or otherwise authorized the minors 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; or (4) the abortion is necessary to save the life of the minor.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 748.
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.
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.
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.
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.
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.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 748.
The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
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The previous question was ordered pursuant to the rule. (consideration: CR H2614)
Mr. Nadler moved to recommit with instructions to Judiciary.
DEBATE - The House proceeded with 10 minutes of debate on the Nadler motion to recommit.
On motion to recommit with instructions Failed by the Yeas and Nays: 183 - 245 (Roll no. 143). (consideration: CR H2614-2615; text: CR H2614)
Roll Call #143 (House)Passed/agreed to in House: On passage Passed by recorded vote: 270 - 157 (Roll no. 144).(text: CR H2606-2607)
Roll Call #144 (House)On passage Passed by recorded vote: 270 - 157 (Roll no. 144). (text: CR H2606-2607)
Roll Call #144 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Supplemental report filed by the Committee on Judiciary, H. Rept. 109-51, Part II.
Supplemental report filed by the Committee on Judiciary, H. Rept. 109-51, Part II.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 157.