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Protection of Born-Alive Abortion Survivors Act

USA116th CongressHR-8923| House 
| Updated: 12/9/2020
Tulsi Gabbard

Tulsi Gabbard

Democratic Representative

Hawaii

Cosponsors (1)
Jeff Duncan (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Protection of Born-Alive Abortion Survivors Act This bill establishes requirements for the degree of care a health care practitioner must exercise in the event a child is born alive following an abortion or attempted abortion. A health care practitioner who is present must exercise the same degree of care as reasonably provided to another child born alive at the same gestational age. The bill also requires a health care practitioner or other employee to immediately report any failure to comply with this requirement to law enforcement. A person who violates the requirements is subject to criminal penalties—a fine, up to five years in prison, or both. Additionally, an individual who intentionally kills or attempts to kill a child born alive is subject to 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 a 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

Bill from Previous Congress

HR 115-4712
Born-Alive Abortion Survivors Protection Act
Feb 25, 2020

Latest Companion Bill Action

S 116-311
Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 56 - 41. Record Vote Number: 58. (CR S1136)
Dec 9, 2020
Introduced in House
Dec 9, 2020
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 115-4712
    Born-Alive Abortion Survivors Protection Act


  • February 25, 2020

    Latest Companion Bill Action

    S 116-311
    Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 56 - 41. Record Vote Number: 58. (CR S1136)


  • December 9, 2020
    Introduced in House


  • December 9, 2020
    Referred to the House Committee on the Judiciary.

Crime and Law Enforcement

Related Bills

  • S 116-130: Born-Alive Abortion Survivors Protection Act
  • HR 116-962: Born-Alive Abortion Survivors Protection Act
  • S 116-311: Born-Alive Abortion Survivors Protection Act
AbortionCivil actions and liabilityCriminal investigation, prosecution, interrogationHealth care qualityHealth personnelLegal fees and court costsMedical ethicsViolent crime

Protection of Born-Alive Abortion Survivors Act

USA116th CongressHR-8923| House 
| Updated: 12/9/2020
Protection of Born-Alive Abortion Survivors Act This bill establishes requirements for the degree of care a health care practitioner must exercise in the event a child is born alive following an abortion or attempted abortion. A health care practitioner who is present must exercise the same degree of care as reasonably provided to another child born alive at the same gestational age. The bill also requires a health care practitioner or other employee to immediately report any failure to comply with this requirement to law enforcement. A person who violates the requirements is subject to criminal penalties—a fine, up to five years in prison, or both. Additionally, an individual who intentionally kills or attempts to kill a child born alive is subject to 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 a 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

Bill from Previous Congress

HR 115-4712
Born-Alive Abortion Survivors Protection Act
Feb 25, 2020

Latest Companion Bill Action

S 116-311
Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 56 - 41. Record Vote Number: 58. (CR S1136)
Dec 9, 2020
Introduced in House
Dec 9, 2020
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 115-4712
    Born-Alive Abortion Survivors Protection Act


  • February 25, 2020

    Latest Companion Bill Action

    S 116-311
    Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 56 - 41. Record Vote Number: 58. (CR S1136)


  • December 9, 2020
    Introduced in House


  • December 9, 2020
    Referred to the House Committee on the Judiciary.
Tulsi Gabbard

Tulsi Gabbard

Democratic Representative

Hawaii

Cosponsors (1)
Jeff Duncan (Republican)

Judiciary Committee

Crime and Law Enforcement

Related Bills

  • S 116-130: Born-Alive Abortion Survivors Protection Act
  • HR 116-962: Born-Alive Abortion Survivors Protection Act
  • S 116-311: Born-Alive Abortion Survivors Protection Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
AbortionCivil actions and liabilityCriminal investigation, prosecution, interrogationHealth care qualityHealth personnelLegal fees and court costsMedical ethicsViolent crime