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Born-Alive Abortion Survivors Protection Act

USA116th CongressS-311| Senate 
| Updated: 2/25/2020
Ben Sasse

Ben Sasse

Republican Senator

Nebraska

Cosponsors (50)
Joni Ernst (Republican)Rick Scott (Republican)Bill Cassidy (Republican)Mike Braun (Republican)Dan Sullivan (Republican)Mitch McConnell (Republican)Thomas Tillis (Republican)Cindy Hyde-Smith (Republican)David Perdue (Republican)Jerry Moran (Republican)Mike Lee (Republican)James E. Risch (Republican)Ron Johnson (Republican)Marsha Blackburn (Republican)Lamar Alexander (Republican)Todd Young (Republican)Tom Cotton (Republican)James M. Inhofe (Republican)Michael B. Enzi (Republican)Lindsey Graham (Republican)Roger F. Wicker (Republican)Rand Paul (Republican)Martha McSally (Republican)Mitt Romney (Republican)John Boozman (Republican)Roy Blunt (Republican)John Thune (Republican)Mike Rounds (Republican)Ted Cruz (Republican)Tim Scott (Republican)Kevin Cramer (Republican)James Lankford (Republican)John Kennedy (Republican)Deb Fischer (Republican)John Barrasso (Republican)Johnny Isakson (Republican)Richard C. Shelby (Republican)Pat Roberts (Republican)Josh Hawley (Republican)John Cornyn (Republican)Chuck Grassley (Republican)Marco Rubio (Republican)Patrick Toomey (Republican)Cory Gardner (Republican)Rob Portman (Republican)Steve Daines (Republican)John Hoeven (Republican)Mike Crapo (Republican)Richard Burr (Republican)Shelley Moore Capito (Republican)
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Born-Alive Abortion Survivors Protection 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 (1) exercise the same degree of care as reasonably provided to another child born alive at the same gestational age, and (2) immediately admit the child to a hospital. 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 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 31, 2019
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Jan 31, 2019
Introduced in Senate
Feb 4, 2019
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 17.
Feb 14, 2019
Motion to proceed to consideration of measure made in Senate. (CR S1364)
Feb 14, 2019
Cloture motion on the motion to proceed to the consideration of measure presented in Senate. (CR S1364)
Feb 25, 2019
Motion to proceed to measure considered in Senate. (CR S1414)
Feb 25, 2019
Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 53 - 44. Record Vote Number: 27. (CR S1422)
View Vote
Feb 13, 2020
Motion to proceed to consideration of measure withdrawn in Senate. (CR S1062)
Feb 13, 2020
Cloture motion on the motion to proceed to the measure presented in Senate. (CR S1062)
Feb 13, 2020
Motion to proceed to consideration of measure made in Senate. (CR S1062)
Feb 25, 2020
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)
View Vote
Dec 9, 2020

Latest Companion Bill Action

HR 116-8923
Introduced in House
  • January 31, 2019
    Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.


  • January 31, 2019
    Introduced in Senate


  • February 4, 2019
    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 17.


  • February 14, 2019
    Motion to proceed to consideration of measure made in Senate. (CR S1364)


  • February 14, 2019
    Cloture motion on the motion to proceed to the consideration of measure presented in Senate. (CR S1364)


  • February 25, 2019
    Motion to proceed to measure considered in Senate. (CR S1414)


  • February 25, 2019
    Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 53 - 44. Record Vote Number: 27. (CR S1422)
    View Vote


  • February 13, 2020
    Motion to proceed to consideration of measure withdrawn in Senate. (CR S1062)


  • February 13, 2020
    Cloture motion on the motion to proceed to the measure presented in Senate. (CR S1062)


  • February 13, 2020
    Motion to proceed to consideration of measure made in Senate. (CR S1062)


  • February 25, 2020
    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)
    View Vote


  • December 9, 2020

    Latest Companion Bill Action

    HR 116-8923
    Introduced in House

Crime and Law Enforcement

Related Bills

  • HR 116-8923: Protection of Born-Alive Abortion Survivors Act
  • S 116-130: Born-Alive Abortion Survivors Protection Act
  • HR 116-962: Born-Alive Abortion Survivors Protection Act
AbortionCivil actions and liabilityCriminal investigation, prosecution, interrogationHealth personnelLegal fees and court costsMedical ethicsViolent crime

Born-Alive Abortion Survivors Protection Act

USA116th CongressS-311| Senate 
| Updated: 2/25/2020
Born-Alive Abortion Survivors Protection 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 (1) exercise the same degree of care as reasonably provided to another child born alive at the same gestational age, and (2) immediately admit the child to a hospital. 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 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 31, 2019
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Jan 31, 2019
Introduced in Senate
Feb 4, 2019
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 17.
Feb 14, 2019
Motion to proceed to consideration of measure made in Senate. (CR S1364)
Feb 14, 2019
Cloture motion on the motion to proceed to the consideration of measure presented in Senate. (CR S1364)
Feb 25, 2019
Motion to proceed to measure considered in Senate. (CR S1414)
Feb 25, 2019
Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 53 - 44. Record Vote Number: 27. (CR S1422)
View Vote
Feb 13, 2020
Motion to proceed to consideration of measure withdrawn in Senate. (CR S1062)
Feb 13, 2020
Cloture motion on the motion to proceed to the measure presented in Senate. (CR S1062)
Feb 13, 2020
Motion to proceed to consideration of measure made in Senate. (CR S1062)
Feb 25, 2020
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)
View Vote
Dec 9, 2020

Latest Companion Bill Action

HR 116-8923
Introduced in House
  • January 31, 2019
    Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.


  • January 31, 2019
    Introduced in Senate


  • February 4, 2019
    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 17.


  • February 14, 2019
    Motion to proceed to consideration of measure made in Senate. (CR S1364)


  • February 14, 2019
    Cloture motion on the motion to proceed to the consideration of measure presented in Senate. (CR S1364)


  • February 25, 2019
    Motion to proceed to measure considered in Senate. (CR S1414)


  • February 25, 2019
    Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 53 - 44. Record Vote Number: 27. (CR S1422)
    View Vote


  • February 13, 2020
    Motion to proceed to consideration of measure withdrawn in Senate. (CR S1062)


  • February 13, 2020
    Cloture motion on the motion to proceed to the measure presented in Senate. (CR S1062)


  • February 13, 2020
    Motion to proceed to consideration of measure made in Senate. (CR S1062)


  • February 25, 2020
    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)
    View Vote


  • December 9, 2020

    Latest Companion Bill Action

    HR 116-8923
    Introduced in House
Ben Sasse

Ben Sasse

Republican Senator

Nebraska

Cosponsors (50)
Joni Ernst (Republican)Rick Scott (Republican)Bill Cassidy (Republican)Mike Braun (Republican)Dan Sullivan (Republican)Mitch McConnell (Republican)Thomas Tillis (Republican)Cindy Hyde-Smith (Republican)David Perdue (Republican)Jerry Moran (Republican)Mike Lee (Republican)James E. Risch (Republican)Ron Johnson (Republican)Marsha Blackburn (Republican)Lamar Alexander (Republican)Todd Young (Republican)Tom Cotton (Republican)James M. Inhofe (Republican)Michael B. Enzi (Republican)Lindsey Graham (Republican)Roger F. Wicker (Republican)Rand Paul (Republican)Martha McSally (Republican)Mitt Romney (Republican)John Boozman (Republican)Roy Blunt (Republican)John Thune (Republican)Mike Rounds (Republican)Ted Cruz (Republican)Tim Scott (Republican)Kevin Cramer (Republican)James Lankford (Republican)John Kennedy (Republican)Deb Fischer (Republican)John Barrasso (Republican)Johnny Isakson (Republican)Richard C. Shelby (Republican)Pat Roberts (Republican)Josh Hawley (Republican)John Cornyn (Republican)Chuck Grassley (Republican)Marco Rubio (Republican)Patrick Toomey (Republican)Cory Gardner (Republican)Rob Portman (Republican)Steve Daines (Republican)John Hoeven (Republican)Mike Crapo (Republican)Richard Burr (Republican)Shelley Moore Capito (Republican)

Crime and Law Enforcement

Related Bills

  • HR 116-8923: Protection of Born-Alive Abortion Survivors Act
  • S 116-130: Born-Alive Abortion Survivors Protection Act
  • HR 116-962: Born-Alive Abortion Survivors Protection Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
AbortionCivil actions and liabilityCriminal investigation, prosecution, interrogationHealth personnelLegal fees and court costsMedical ethicsViolent crime