[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1103 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1103
To provide for parental notification and intervention in the case of an
unemancipated minor seeking an abortion.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun (for himself, Mr. Rubio, Mr. Scott of Florida, and Mr.
Wicker) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for parental notification and intervention in the case of an
unemancipated minor seeking an abortion.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Notification and
Intervention Act''.
SEC. 2. PARENTAL NOTIFICATION.
(a) In General.--It shall be unlawful for any person or
organization in or affecting interstate or foreign commerce or who
solicits or accepts Federal funds to perform any abortion on an
unemancipated minor under the age of 18, to permit the facilities of
the person or organization to be used to perform any abortion on such a
minor, or to assist in the performance of any abortion on such a minor
if the person or organization has failed to comply with all of the
following requirements:
(1) The provision of written notification to the parents
(as defined in subsection (f)) of the minor informing the
parents that an abortion has been requested for the minor,
except that such notification is not required for a parent if
the physician is presented with documentation showing with a
reasonable degree of certainty that a court of record in the
minor's State of residence has waived any parental
notification. The court of record shall not waive any parental
notification requirement unless there is clear and convincing
evidence of physical abuse of the minor by such parent.
(2) Compliance with a 96-hour waiting period after notice
has been received by the parents.
(3) Compliance with any injunction granted under section 3
relating to the abortion.
(b) Fine for Violation.--Whoever willfully violates subsection (a)
shall be fined not more than $100,000 or imprisoned not more than one
year, or both, for each violation.
(c) Exception.--Subsection (a) shall not apply with respect to an
unemancipated minor for whom an abortion is sought if a physician
(other than the physician with principal responsibility for making the
decision to perform the abortion) makes a determination that--
(1) a medical emergency exists which, with reasonable
medical certainty, so complicates the medical condition of the
minor that the death of the minor would result from the failure
to immediately treat her physical condition even though the
treatment may result in the death of her unborn child;
(2) parental notification is not possible as a result of
the medical emergency; and
(3) certifications regarding compliance with paragraphs (1)
and (2) have been entered in the medical records of the minor,
together with the reasons upon which the determinations are
based, including a statement of relevant clinical findings.
(d) Parental Notification Requirements.--For purposes of this
section, any parental notification provided to comply with the
provisions of subsection (a) for a parent shall be--
(1) delivered personally to the parent; or
(2) provided through certified mail in accordance with all
of the following procedures:
(A) The certified mail is addressed to the parent.
(B) The address used is the dwelling or usual place
of abode of the parent.
(C) A return receipt is requested.
(D) The delivery is restricted to the parent.
(e) Limitation.--A mother seeking an abortion, or upon whom an
abortion is performed, may not be found liable for a violation of this
section.
(f) Parent Defined To Include Legal Guardian.--For purposes of this
Act, the term ``parent'' includes, with respect to an unemancipated
minor, any legal guardian of the minor.
SEC. 3. PARENTAL INTERVENTION.
Any parent required to be notified pursuant to section 2 regarding
an abortion of an unemancipated minor may bring an action in the
Federal district court where the parent resides or where the
unemancipated minor is located to enjoin the performance of the
abortion. The court shall issue a temporary injunction barring the
performance of the abortion until the issue has been adjudicated and
the judgment is final. The court shall issue relief permanently
enjoining the abortion unless the court determines that granting such
relief would be unlawful.
SEC. 4. PREEMPTION.
Nothing in this Act shall be construed to preempt any provision of
State law to the extent that such State law establishes, implements, or
continues in effect greater parental notification requirements or
intervention rights regarding abortion than those provided under this
Act.
SEC. 5. EFFECTIVE DATE AND SEVERABILITY.
(a) Effective Date.--The provisions of this Act shall take effect
upon its enactment.
(b) Severability.--The provisions of this Act shall be severable.
If any provision of this Act, or any application thereof, is found
unconstitutional, that finding shall not affect any provision or
application of the Act not so adjudicated.
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