Legis Daily

Born-Alive Abortion Survivors Protection Act

USA115th CongressHR-4712| House 
| Updated: 1/20/2018
Marsha Blackburn

Marsha Blackburn

Republican Representative

Tennessee

Cosponsors (131)
Doug LaMalfa (Republican)Chris Stewart (Republican)Paul A. Gosar (Republican)Michael C. Burgess (Republican)Karen C. Handel (Republican)Steve Chabot (Republican)Robert Pittenger (Republican)Bob Gibbs (Republican)David Kustoff (Republican)Mo Brooks (Republican)Clay Higgins (Republican)Roger Marshall (Republican)Markwayne Mullin (Republican)Mark Meadows (Republican)Steven M. Palazzo (Republican)Pete Olson (Republican)Mike Johnson (Republican)Martha Roby (Republican)Randy Hultgren (Republican)Alexander X. Mooney (Republican)Brett Guthrie (Republican)Jim Banks (Republican)Andy Harris (Republican)Steve Stivers (Republican)Kristi L. Noem (Republican)Warren Davidson (Republican)Rick W. Allen (Republican)John Ratcliffe (Republican)Neal P. Dunn (Republican)Robert J. Wittman (Republican)Kevin Brady (Republican)Glenn Thompson (Republican)Brad R. Wenstrup (Republican)Jackie Walorski (Republican)Stevan Pearce (Republican)Tom McClintock (Republican)Pete Sessions (Republican)David Rouzer (Republican)John R. Curtis (Republican)Andy Biggs (Republican)Jeff Duncan (Republican)Doug Collins (Republican)Tim Walberg (Republican)Keith J. Rothfus (Republican)Earl L. "Buddy" Carter (Republican)Thomas A. Garrett (Republican)Billy Long (Republican)Lou Barletta (Republican)Rob Bishop (Republican)Sam Johnson (Republican)Mike Bishop (Republican)Todd Rokita (Republican)Jim Jordan (Republican)James B. Renacci (Republican)David B. McKinley (Republican)Greg Gianforte (Republican)Jason Smith (Republican)Dan Newhouse (Republican)Barry Loudermilk (Republican)Luke Messer (Republican)Ralph Lee Abraham (Republican)Kenny Marchant (Republican)Gus M. Bilirakis (Republican)Walter B. Jones (Republican)Ron DeSantis (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)Liz Cheney (Republican)Ann Wagner (Republican)Rodney Davis (Republican)Mike Kelly (Republican)Peter J. Roskam (Republican)Mike D. Rogers (Republican)Richard Hudson (Republican)Roger Williams (Republican)Chris Collins (Republican)Glenn Grothman (Republican)Kevin Cramer (Republican)Ron Estes (Republican)John R. Moolenaar (Republican)Charles J. "Chuck" Fleischmann (Republican)Rob Woodall (Republican)Austin Scott (Republican)Daniel Webster (Republican)Blaine Luetkemeyer (Republican)Daniel Lipinski (Democratic)Thomas J. Rooney (Republican)Mark Walker (Republican)Michael T. McCaul (Republican)Gary J. Palmer (Republican)Raul R. Labrador (Republican)Garret Graves (Republican)Dave Brat (Republican)Sam Graves (Republican)Mike Bost (Republican)Diane Black (Republican)Ted S. Yoho (Republican)Jeff Fortenberry (Republican)Dennis A. Ross (Republican)Adam Kinzinger (Republican)Bradley Byrne (Republican)Vicky Hartzler (Republican)Tom Emmer (Republican)Bill Huizenga (Republican)Bob Goodlatte (Republican)Robert E. Latta (Republican)Bill Posey (Republican)Randy K. Sr. Weber (Republican)Virginia Foxx (Republican)Evan H. Jenkins (Republican)Tom Graves (Republican)Kevin Yoder (Republican)Ralph Norman (Republican)Sean P. Duffy (Republican)K. Michael Conaway (Republican)Jack Bergman (Republican)Louie Gohmert (Republican)Bill Johnson (Republican)David P. Roe (Republican)Robert B. Aderholt (Republican)Brian Babin (Republican)Francis Rooney (Republican)John Shimkus (Republican)

Crime and Federal Government Surveillance Subcommittee, 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.

Bill Text Versions

View Text
3 versions available

Suggested Questions

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

Timeline
Dec 21, 2017
Introduced in House
Dec 21, 2017
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Dec 21, 2017
Referred to the Subcommittee on the Constitution and Civil Justice.
Dec 21, 2017
Referred to the House Committee on the Judiciary.
Jan 17, 2018
Rules Committee Resolution H. Res. 694 Reported to House. Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.
Jan 18, 2018
Rule H. Res. 694 passed House.
Jan 19, 2018
Considered under the provisions of rule H. Res. 694. (consideration: CR H560-569)
Jan 19, 2018
Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.
Jan 19, 2018
DEBATE - The House proceeded with one hour of debate on H.R. 4712.
Jan 19, 2018
The previous question was ordered pursuant to the rule.
Jan 19, 2018
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 4712, the Chair put the question on passage of the bill, and by voice vote announced that the ayes had prevailed. Mr. Nadler demanded the yeas and nays, and the Chair postponed further proceedings on the question of passage until later in the legislative day.
Jan 19, 2018
Considered as unfinished business. (consideration: CR H571)
Jan 19, 2018
On passage Passed by the Yeas and Nays: 241 - 183 (Roll no. 36). (text: CR H560-561)
View Vote
Jan 19, 2018
Motion to reconsider laid on the table Agreed to without objection.
Jan 20, 2018
Received in the Senate.
  • December 21, 2017
    Introduced in House


  • December 21, 2017
    Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.


  • December 21, 2017
    Referred to the Subcommittee on the Constitution and Civil Justice.


  • December 21, 2017
    Referred to the House Committee on the Judiciary.


  • January 17, 2018
    Rules Committee Resolution H. Res. 694 Reported to House. Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.


  • January 18, 2018
    Rule H. Res. 694 passed House.


  • January 19, 2018
    Considered under the provisions of rule H. Res. 694. (consideration: CR H560-569)


  • January 19, 2018
    Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.


  • January 19, 2018
    DEBATE - The House proceeded with one hour of debate on H.R. 4712.


  • January 19, 2018
    The previous question was ordered pursuant to the rule.


  • January 19, 2018
    POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 4712, the Chair put the question on passage of the bill, and by voice vote announced that the ayes had prevailed. Mr. Nadler demanded the yeas and nays, and the Chair postponed further proceedings on the question of passage until later in the legislative day.


  • January 19, 2018
    Considered as unfinished business. (consideration: CR H571)


  • January 19, 2018
    On passage Passed by the Yeas and Nays: 241 - 183 (Roll no. 36). (text: CR H560-561)
    View Vote


  • January 19, 2018
    Motion to reconsider laid on the table Agreed to without objection.


  • January 20, 2018
    Received in the Senate.

Crime and Law Enforcement

Related Bills

  • HR 115-37: 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.
  • HRES 115-694: Providing for consideration of the bill (H.R. 4712) 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, and providing for proceedings during the period from January 22, 2018, through January 26, 2018.
  • 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

Born-Alive Abortion Survivors Protection Act

USA115th CongressHR-4712| House 
| Updated: 1/20/2018
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.

Bill Text Versions

View Text
3 versions available

Suggested Questions

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

Timeline
Dec 21, 2017
Introduced in House
Dec 21, 2017
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Dec 21, 2017
Referred to the Subcommittee on the Constitution and Civil Justice.
Dec 21, 2017
Referred to the House Committee on the Judiciary.
Jan 17, 2018
Rules Committee Resolution H. Res. 694 Reported to House. Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.
Jan 18, 2018
Rule H. Res. 694 passed House.
Jan 19, 2018
Considered under the provisions of rule H. Res. 694. (consideration: CR H560-569)
Jan 19, 2018
Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.
Jan 19, 2018
DEBATE - The House proceeded with one hour of debate on H.R. 4712.
Jan 19, 2018
The previous question was ordered pursuant to the rule.
Jan 19, 2018
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 4712, the Chair put the question on passage of the bill, and by voice vote announced that the ayes had prevailed. Mr. Nadler demanded the yeas and nays, and the Chair postponed further proceedings on the question of passage until later in the legislative day.
Jan 19, 2018
Considered as unfinished business. (consideration: CR H571)
Jan 19, 2018
On passage Passed by the Yeas and Nays: 241 - 183 (Roll no. 36). (text: CR H560-561)
View Vote
Jan 19, 2018
Motion to reconsider laid on the table Agreed to without objection.
Jan 20, 2018
Received in the Senate.
  • December 21, 2017
    Introduced in House


  • December 21, 2017
    Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.


  • December 21, 2017
    Referred to the Subcommittee on the Constitution and Civil Justice.


  • December 21, 2017
    Referred to the House Committee on the Judiciary.


  • January 17, 2018
    Rules Committee Resolution H. Res. 694 Reported to House. Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.


  • January 18, 2018
    Rule H. Res. 694 passed House.


  • January 19, 2018
    Considered under the provisions of rule H. Res. 694. (consideration: CR H560-569)


  • January 19, 2018
    Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.


  • January 19, 2018
    DEBATE - The House proceeded with one hour of debate on H.R. 4712.


  • January 19, 2018
    The previous question was ordered pursuant to the rule.


  • January 19, 2018
    POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 4712, the Chair put the question on passage of the bill, and by voice vote announced that the ayes had prevailed. Mr. Nadler demanded the yeas and nays, and the Chair postponed further proceedings on the question of passage until later in the legislative day.


  • January 19, 2018
    Considered as unfinished business. (consideration: CR H571)


  • January 19, 2018
    On passage Passed by the Yeas and Nays: 241 - 183 (Roll no. 36). (text: CR H560-561)
    View Vote


  • January 19, 2018
    Motion to reconsider laid on the table Agreed to without objection.


  • January 20, 2018
    Received in the Senate.
Marsha Blackburn

Marsha Blackburn

Republican Representative

Tennessee

Cosponsors (131)
Doug LaMalfa (Republican)Chris Stewart (Republican)Paul A. Gosar (Republican)Michael C. Burgess (Republican)Karen C. Handel (Republican)Steve Chabot (Republican)Robert Pittenger (Republican)Bob Gibbs (Republican)David Kustoff (Republican)Mo Brooks (Republican)Clay Higgins (Republican)Roger Marshall (Republican)Markwayne Mullin (Republican)Mark Meadows (Republican)Steven M. Palazzo (Republican)Pete Olson (Republican)Mike Johnson (Republican)Martha Roby (Republican)Randy Hultgren (Republican)Alexander X. Mooney (Republican)Brett Guthrie (Republican)Jim Banks (Republican)Andy Harris (Republican)Steve Stivers (Republican)Kristi L. Noem (Republican)Warren Davidson (Republican)Rick W. Allen (Republican)John Ratcliffe (Republican)Neal P. Dunn (Republican)Robert J. Wittman (Republican)Kevin Brady (Republican)Glenn Thompson (Republican)Brad R. Wenstrup (Republican)Jackie Walorski (Republican)Stevan Pearce (Republican)Tom McClintock (Republican)Pete Sessions (Republican)David Rouzer (Republican)John R. Curtis (Republican)Andy Biggs (Republican)Jeff Duncan (Republican)Doug Collins (Republican)Tim Walberg (Republican)Keith J. Rothfus (Republican)Earl L. "Buddy" Carter (Republican)Thomas A. Garrett (Republican)Billy Long (Republican)Lou Barletta (Republican)Rob Bishop (Republican)Sam Johnson (Republican)Mike Bishop (Republican)Todd Rokita (Republican)Jim Jordan (Republican)James B. Renacci (Republican)David B. McKinley (Republican)Greg Gianforte (Republican)Jason Smith (Republican)Dan Newhouse (Republican)Barry Loudermilk (Republican)Luke Messer (Republican)Ralph Lee Abraham (Republican)Kenny Marchant (Republican)Gus M. Bilirakis (Republican)Walter B. Jones (Republican)Ron DeSantis (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)Liz Cheney (Republican)Ann Wagner (Republican)Rodney Davis (Republican)Mike Kelly (Republican)Peter J. Roskam (Republican)Mike D. Rogers (Republican)Richard Hudson (Republican)Roger Williams (Republican)Chris Collins (Republican)Glenn Grothman (Republican)Kevin Cramer (Republican)Ron Estes (Republican)John R. Moolenaar (Republican)Charles J. "Chuck" Fleischmann (Republican)Rob Woodall (Republican)Austin Scott (Republican)Daniel Webster (Republican)Blaine Luetkemeyer (Republican)Daniel Lipinski (Democratic)Thomas J. Rooney (Republican)Mark Walker (Republican)Michael T. McCaul (Republican)Gary J. Palmer (Republican)Raul R. Labrador (Republican)Garret Graves (Republican)Dave Brat (Republican)Sam Graves (Republican)Mike Bost (Republican)Diane Black (Republican)Ted S. Yoho (Republican)Jeff Fortenberry (Republican)Dennis A. Ross (Republican)Adam Kinzinger (Republican)Bradley Byrne (Republican)Vicky Hartzler (Republican)Tom Emmer (Republican)Bill Huizenga (Republican)Bob Goodlatte (Republican)Robert E. Latta (Republican)Bill Posey (Republican)Randy K. Sr. Weber (Republican)Virginia Foxx (Republican)Evan H. Jenkins (Republican)Tom Graves (Republican)Kevin Yoder (Republican)Ralph Norman (Republican)Sean P. Duffy (Republican)K. Michael Conaway (Republican)Jack Bergman (Republican)Louie Gohmert (Republican)Bill Johnson (Republican)David P. Roe (Republican)Robert B. Aderholt (Republican)Brian Babin (Republican)Francis Rooney (Republican)John Shimkus (Republican)

Crime and Federal Government Surveillance Subcommittee, Judiciary Committee, Constitution and Limited Government Subcommittee

Crime and Law Enforcement

Related Bills

  • HR 115-37: 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.
  • HRES 115-694: Providing for consideration of the bill (H.R. 4712) 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, and providing for proceedings during the period from January 22, 2018, through January 26, 2018.
  • 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