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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.

USA115th CongressS-220| Senate 
| Updated: 1/24/2017
Ben Sasse

Ben Sasse

Republican Senator

Nebraska

Cosponsors (36)
Joni Ernst (Republican)Bill Cassidy (Republican)Mitch McConnell (Republican)Thomas Tillis (Republican)Cindy Hyde-Smith (Republican)David Perdue (Republican)Jerry Moran (Republican)James E. Risch (Republican)Ron Johnson (Republican)Orrin G. Hatch (Republican)Tom Cotton (Republican)James M. Inhofe (Republican)Michael B. Enzi (Republican)Lindsey Graham (Republican)Roger F. Wicker (Republican)John McCain (Republican)John Boozman (Republican)Roy Blunt (Republican)Luther Strange (Republican)Mike Rounds (Republican)Ted Cruz (Republican)Tim Scott (Republican)James Lankford (Republican)John Kennedy (Republican)Deb Fischer (Republican)John Barrasso (Republican)Johnny Isakson (Republican)Pat Roberts (Republican)Thad Cochran (Republican)John Cornyn (Republican)Chuck Grassley (Republican)Marco Rubio (Republican)Rob Portman (Republican)Steve Daines (Republican)John Hoeven (Republican)Richard Burr (Republican)

Judiciary Committee

  • 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 12, 2017

Latest Companion Bill Action

HR 115-37
Referred to the Subcommittee on the Constitution and Civil Justice.
Jan 24, 2017
Introduced in Senate
Jan 24, 2017
Read twice and referred to the Committee on the Judiciary.
  • January 12, 2017

    Latest Companion Bill Action

    HR 115-37
    Referred to the Subcommittee on the Constitution and Civil Justice.


  • January 24, 2017
    Introduced in Senate


  • January 24, 2017
    Read twice and referred to the Committee on the Judiciary.

Crime and Law Enforcement

Related Bills

  • HR 115-4712: Born-Alive Abortion Survivors Protection Act
  • 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.
AbortionCivil actions and liabilityCriminal investigation, prosecution, interrogationHealth personnelLegal fees and court costsMedical ethicsViolent crime

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.

USA115th CongressS-220| Senate 
| Updated: 1/24/2017
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 12, 2017

Latest Companion Bill Action

HR 115-37
Referred to the Subcommittee on the Constitution and Civil Justice.
Jan 24, 2017
Introduced in Senate
Jan 24, 2017
Read twice and referred to the Committee on the Judiciary.
  • January 12, 2017

    Latest Companion Bill Action

    HR 115-37
    Referred to the Subcommittee on the Constitution and Civil Justice.


  • January 24, 2017
    Introduced in Senate


  • January 24, 2017
    Read twice and referred to the Committee on the Judiciary.
Ben Sasse

Ben Sasse

Republican Senator

Nebraska

Cosponsors (36)
Joni Ernst (Republican)Bill Cassidy (Republican)Mitch McConnell (Republican)Thomas Tillis (Republican)Cindy Hyde-Smith (Republican)David Perdue (Republican)Jerry Moran (Republican)James E. Risch (Republican)Ron Johnson (Republican)Orrin G. Hatch (Republican)Tom Cotton (Republican)James M. Inhofe (Republican)Michael B. Enzi (Republican)Lindsey Graham (Republican)Roger F. Wicker (Republican)John McCain (Republican)John Boozman (Republican)Roy Blunt (Republican)Luther Strange (Republican)Mike Rounds (Republican)Ted Cruz (Republican)Tim Scott (Republican)James Lankford (Republican)John Kennedy (Republican)Deb Fischer (Republican)John Barrasso (Republican)Johnny Isakson (Republican)Pat Roberts (Republican)Thad Cochran (Republican)John Cornyn (Republican)Chuck Grassley (Republican)Marco Rubio (Republican)Rob Portman (Republican)Steve Daines (Republican)John Hoeven (Republican)Richard Burr (Republican)

Judiciary Committee

Crime and Law Enforcement

Related Bills

  • HR 115-4712: Born-Alive Abortion Survivors Protection Act
  • 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.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
AbortionCivil actions and liabilityCriminal investigation, prosecution, interrogationHealth personnelLegal fees and court costsMedical ethicsViolent crime