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SENATE 220115th CongressRead twice and referred to the Committee on the Judiciary.

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
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.