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106th CONGRESS
2d Session
S. 3102
To require the written consent of a parent of an unemancipated minor
prior to the referral of such minor for abortion services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25 (legislative day, September 22), 2000
Mr. Ashcroft introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the written consent of a parent of an unemancipated minor
prior to the referral of such minor for abortion services.
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 ``Putting Parents First Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the family plays a unique role in our culture, it is
the institution by which we inculcate and pass down many of our
most cherished values;
(2) the custody, care, and nurture of the child reside
first in the parents, whose primary function and freedom
include preparation for obligations the State can neither
supply nor hinder;
(3) parents have the right and duty to be involved in
helping their minor children make important life decisions;
(4) whether or not to beget a child is the most fundamental
decision in our culture;
(5) parental involvement in this crucial decision is
necessary to ensure that the sanctity of human life is given
appropriate consideration;
(6) parental inclusion will result in the protection of
human life; and
(7) Congress is granted authority in section 5 of the 14th
Amendment to the Constitution of the United States to enact
laws that protect the right to life.
SEC. 3. PARENTAL CONSENT OR JUDICIAL BYPASS REQUIRED.
(a) In General.--No individual shall knowingly perform an abortion
upon or prescribe an abortifacient to a pregnant woman under the age of
18 years unless--
(1) the attending physician has secured the informed
written consent of the minor and a parent or guardian of the
minor; or
(2) the attending physician has secured the informed
written consent of the minor and a court order waiving the need
for the consent of a parent or guardian pursuant to the
judicial bypass procedure described in section 4.
(b) Penalty.--Any person who violates subsection (a) shall be fined
not more than $25,000, or imprisoned for not more than 1 year, or both.
SEC. 4. JUDICIAL BYPASS.
(a) In General.--A court of competent jurisdiction shall issue an
order waiving the requirement for the informed written consent of a
parent or guardian under section 3 if the court finds by clear and
convincing evidence on an individual basis that--
(1) the process of obtaining the informed written consent
of such parent or guardian is not in the best interests of the
minor petitioner; or
(2) the minor petitioner is an emancipated minor.
(b) Procedures.--
(1) Confidential proceedings.--A proceeding under this
section shall be done under seal, be confidential, and ensure
the anonymity of the minor petitioner.
(2) Filing.--A minor or a minor's legal representative may
file a petition under this section using the initials of the
minor.
(3) Preference.--Proceedings under this section shall--
(A) be given preference over other proceedings;
(B) be expedited to the extent possible; and
(C) be concluded not later than 72 hours after the
filing of the petition unless an extension is sought by
the minor petitioner.
(4) Findings.--A court that conducts proceedings under this
section shall make written findings of fact and conclusions of
law supporting its decision and shall maintain a confidential
record of the proceedings to facilitate appellate review.
(5) Review.--A decision under this section denying a
request to waive the requirement for the informed consent of a
parent or guardian under section 3 shall be eligible for
expedited appellate review.
(c) Definitions.--In this section:
(1) Court of competent jurisdiction.--The term ``court of
competent jurisdiction'' means any State court eligible to hear
juvenile or family law matters, except that States may
designate specific State courts to consider petitions for
judicial bypass under this section.
(2) Expedited appellate review.--The term ``expedited
appellate review'' means review by whatever court juvenile or
family law matters are generally appealed to, except that
States may designate specific appellate courts to consider
appeals under this section.
SEC. 5. APPLICATION OF STATE LAWS.
The provisions of this Act shall not be construed to preempt
provisions of State law that provide greater protections to parents of
minors seeking abortions than the protections provided by this Act.
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