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HOUSE 37115th CongressBecame Public Law No: 115-11.

Disapproving the rule submitted by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration relating to the Federal Acquisition Regulation.

Last Action
3/27/2017

Actions

  • 2017-01-12Referred to the Subcommittee on the Constitution and Civil Justice.
  • 2017-01-03Referred to the House Committee on the Judiciary.
  • 2017-01-03Introduced in House
  • 2017-01-03Introduced in House

CRS Summary

As of 2017-01-03 (00)

Born-Alive Abortion Survivors Protection Act

This bill amends the federal criminal code to require any health care practitioner who is present when a child is born alive following an abortion or attempted abortion to: (1) exercise the same degree of care as reasonably provided to any other child born alive at the same gestational age, and (2) ensure that such child is immediately admitted to a hospital. The term "born alive" means the complete expulsion or extraction from his or her mother, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut.

Also, a health care practitioner or other employee who has knowledge of a failure to comply with these requirements must immediately report such failure to an appropriate law enforcement agency.

An individual who violates the provisions of this bill is subject to a criminal fine, up to five years in prison, or both.

An individual who commits an overt act that kills a child born alive is subject to criminal prosecution for murder.

The bill bars the criminal prosecution of a mother of a child born alive for conspiracy to violate these provisions, for being an accessory after the fact, or for concealment of felony.

A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this bill.

Cosponsors (20)

  • Steve King (R-IA)
  • Ralph Abraham (R-LA)
  • Luke Messer (R-IN)
  • CHRISTOPHER SMITH (R-NJ)
  • Blake Farenthold (R-TX)
  • Markwayne Mullin (R-OK)
  • Keith Rothfus (R-PA)
  • Mike Bost (R-IL)
  • Mike Kelly (R-PA)
  • Bill Johnson (R-OH)
  • SAM GRAVES (R-MO)
  • Bill Huizenga (R-MI)
  • Trent Kelly (R-MS)
  • STEVE CHABOT (R-OH)
  • Kenny Marchant (R-TX)
  • Pete Olson (R-TX)
  • Mia Love (R-UT)
  • Robert Latta (R-OH)
  • WALTER JONES (R-NC)
  • Warren Davidson (R-OH)

Subjects

  • Abortion
  • Civil actions and liability
  • Criminal investigation, prosecution, interrogation
  • Health personnel
  • Legal fees and court costs
  • Medical ethics
  • Violent crime
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.