Born-Alive Abortion Survivors Protection Act
- Last Action
- 1/24/2017
Actions
- 2017-01-24Read twice and referred to the Committee on the Judiciary.
- 2017-01-24Introduced in Senate
CRS Summary
As of 2017-01-24 (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)
- John Barrasso (R-WY)
- Roy Blunt (R-MO)
- John Boozman (R-AR)
- Richard Burr (R-NC)
- Bill Cassidy (R-LA)
- Tom Cotton (R-AR)
- Ted Cruz (R-TX)
- Steve Daines (R-MT)
- MICHAEL ENZI (R-WY)
- Deb Fischer (R-NE)
- Lindsey Graham (R-SC)
- Charles Grassley (R-IA)
- Jim Inhofe (R-OK)
- Ron Johnson (R-WI)
- James Lankford (R-OK)
- JOHN MCCAIN (R-AZ)
- Mitch McConnell (R-KY)
- Jerry Moran (R-KS)
- David Perdue (R-GA)
- Rob Portman (R-OH)
Subjects
- Abortion
- Civil actions and liability
- Criminal investigation, prosecution, interrogation
- Health personnel
- Legal fees and court costs
- Medical ethics
- Violent crime
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.