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To amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.

USA115th CongressHR-37| House 
| Updated: 1/12/2017
Trent Franks

Trent Franks

Republican Representative

Arizona

Cosponsors (90)
Chris Stewart (Republican)Paul A. Gosar (Republican)Steve Chabot (Republican)Mia B. Love (Republican)Robert Pittenger (Republican)Bob Gibbs (Republican)Roger Marshall (Republican)Markwayne Mullin (Republican)Trent Kelly (Republican)Gregg Harper (Republican)Steven M. Palazzo (Republican)Pete Olson (Republican)Martha Roby (Republican)Alexander X. Mooney (Republican)Jim Banks (Republican)Andy Harris (Republican)Kristi L. Noem (Republican)Warren Davidson (Republican)John Ratcliffe (Republican)Robert J. Wittman (Republican)Kevin Brady (Republican)Marsha Blackburn (Republican)Jackie Walorski (Republican)David Rouzer (Republican)Jeff Duncan (Republican)Doug Collins (Republican)Keith J. Rothfus (Republican)Earl L. "Buddy" Carter (Republican)Lou Barletta (Republican)Sam Johnson (Republican)Mike Bishop (Republican)Todd Rokita (Republican)Jim Jordan (Republican)Jason Smith (Republican)Barry Loudermilk (Republican)Luke Messer (Republican)Ralph Lee Abraham (Republican)Kenny Marchant (Republican)Gus M. Bilirakis (Republican)Walter B. Jones (Republican)Paul Mitchell (Independent)Jody B. Hice (Republican)Bill Flores (Republican)Don Bacon (Republican)Christopher H. Smith (Republican)David P. Joyce (Republican)Jodey C. Arrington (Republican)Joe Wilson (Republican)Doug Lamborn (Republican)Steve King (Republican)Ann Wagner (Republican)Rodney Davis (Republican)Mike Kelly (Republican)Peter J. Roskam (Republican)Richard Hudson (Republican)Roger Williams (Republican)Chris Collins (Republican)Blake Farenthold (Republican)Glenn Grothman (Republican)Kevin Cramer (Republican)Patrick J. Tiberi (Republican)John R. Moolenaar (Republican)Daniel Webster (Republican)Blaine Luetkemeyer (Republican)Daniel Lipinski (Democratic)Thomas J. Rooney (Republican)Mark Walker (Republican)Sam Graves (Republican)Mike Bost (Republican)Diane Black (Republican)Ted S. Yoho (Republican)Bradley Byrne (Republican)Vicky Hartzler (Republican)Tom Emmer (Republican)Bill Huizenga (Republican)Bob Goodlatte (Republican)Robert E. Latta (Republican)Randy K. Sr. Weber (Republican)Virginia Foxx (Republican)Kevin Yoder (Republican)Ralph Norman (Republican)Jim Bridenstine (Republican)Sean P. Duffy (Republican)K. Michael Conaway (Republican)Louie Gohmert (Republican)Bill Johnson (Republican)David P. Roe (Republican)Robert B. Aderholt (Republican)Brian Babin (Republican)John Shimkus (Republican)

Judiciary Committee, Constitution and Limited Government Subcommittee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.
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Timeline
Jan 3, 2017
Introduced in House
Jan 3, 2017
Referred to the House Committee on the Judiciary.
Jan 12, 2017
Referred to the Subcommittee on the Constitution and Civil Justice.
Jan 24, 2017

Latest Companion Bill Action

S 115-220
Introduced in Senate
  • January 3, 2017
    Introduced in House


  • January 3, 2017
    Referred to the House Committee on the Judiciary.


  • January 12, 2017
    Referred to the Subcommittee on the Constitution and Civil Justice.


  • January 24, 2017

    Latest Companion Bill Action

    S 115-220
    Introduced in Senate

Crime and Law Enforcement

Related Bills

  • HR 115-4712: Born-Alive Abortion Survivors Protection Act
  • S 115-220: A bill to amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.
AbortionCivil actions and liabilityCriminal investigation, prosecution, interrogationHealth personnelLegal fees and court costsMedical ethicsViolent crime

To amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.

USA115th CongressHR-37| House 
| Updated: 1/12/2017
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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jan 3, 2017
Introduced in House
Jan 3, 2017
Referred to the House Committee on the Judiciary.
Jan 12, 2017
Referred to the Subcommittee on the Constitution and Civil Justice.
Jan 24, 2017

Latest Companion Bill Action

S 115-220
Introduced in Senate
  • January 3, 2017
    Introduced in House


  • January 3, 2017
    Referred to the House Committee on the Judiciary.


  • January 12, 2017
    Referred to the Subcommittee on the Constitution and Civil Justice.


  • January 24, 2017

    Latest Companion Bill Action

    S 115-220
    Introduced in Senate
Trent Franks

Trent Franks

Republican Representative

Arizona

Cosponsors (90)
Chris Stewart (Republican)Paul A. Gosar (Republican)Steve Chabot (Republican)Mia B. Love (Republican)Robert Pittenger (Republican)Bob Gibbs (Republican)Roger Marshall (Republican)Markwayne Mullin (Republican)Trent Kelly (Republican)Gregg Harper (Republican)Steven M. Palazzo (Republican)Pete Olson (Republican)Martha Roby (Republican)Alexander X. Mooney (Republican)Jim Banks (Republican)Andy Harris (Republican)Kristi L. Noem (Republican)Warren Davidson (Republican)John Ratcliffe (Republican)Robert J. Wittman (Republican)Kevin Brady (Republican)Marsha Blackburn (Republican)Jackie Walorski (Republican)David Rouzer (Republican)Jeff Duncan (Republican)Doug Collins (Republican)Keith J. Rothfus (Republican)Earl L. "Buddy" Carter (Republican)Lou Barletta (Republican)Sam Johnson (Republican)Mike Bishop (Republican)Todd Rokita (Republican)Jim Jordan (Republican)Jason Smith (Republican)Barry Loudermilk (Republican)Luke Messer (Republican)Ralph Lee Abraham (Republican)Kenny Marchant (Republican)Gus M. Bilirakis (Republican)Walter B. Jones (Republican)Paul Mitchell (Independent)Jody B. Hice (Republican)Bill Flores (Republican)Don Bacon (Republican)Christopher H. Smith (Republican)David P. Joyce (Republican)Jodey C. Arrington (Republican)Joe Wilson (Republican)Doug Lamborn (Republican)Steve King (Republican)Ann Wagner (Republican)Rodney Davis (Republican)Mike Kelly (Republican)Peter J. Roskam (Republican)Richard Hudson (Republican)Roger Williams (Republican)Chris Collins (Republican)Blake Farenthold (Republican)Glenn Grothman (Republican)Kevin Cramer (Republican)Patrick J. Tiberi (Republican)John R. Moolenaar (Republican)Daniel Webster (Republican)Blaine Luetkemeyer (Republican)Daniel Lipinski (Democratic)Thomas J. Rooney (Republican)Mark Walker (Republican)Sam Graves (Republican)Mike Bost (Republican)Diane Black (Republican)Ted S. Yoho (Republican)Bradley Byrne (Republican)Vicky Hartzler (Republican)Tom Emmer (Republican)Bill Huizenga (Republican)Bob Goodlatte (Republican)Robert E. Latta (Republican)Randy K. Sr. Weber (Republican)Virginia Foxx (Republican)Kevin Yoder (Republican)Ralph Norman (Republican)Jim Bridenstine (Republican)Sean P. Duffy (Republican)K. Michael Conaway (Republican)Louie Gohmert (Republican)Bill Johnson (Republican)David P. Roe (Republican)Robert B. Aderholt (Republican)Brian Babin (Republican)John Shimkus (Republican)

Judiciary Committee, Constitution and Limited Government Subcommittee

Crime and Law Enforcement

Related Bills

  • HR 115-4712: Born-Alive Abortion Survivors Protection Act
  • S 115-220: A bill to amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
AbortionCivil actions and liabilityCriminal investigation, prosecution, interrogationHealth personnelLegal fees and court costsMedical ethicsViolent crime