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Born-Alive Abortion Survivors Protection Act

USA117th CongressS-123| Senate 
| Updated: 1/28/2021
Ben Sasse

Ben Sasse

Republican Senator

Nebraska

Cosponsors (45)
Joni Ernst (Republican)Rick Scott (Republican)Bill Cassidy (Republican)Mike Braun (Republican)Roger Marshall (Republican)Dan Sullivan (Republican)Mitch McConnell (Republican)Thomas Tillis (Republican)Cindy Hyde-Smith (Republican)Jerry Moran (Republican)Mike Lee (Republican)James E. Risch (Republican)Cynthia M. Lummis (Republican)Ron Johnson (Republican)Marsha Blackburn (Republican)Todd Young (Republican)Tom Cotton (Republican)James M. Inhofe (Republican)Lindsey Graham (Republican)Roger F. Wicker (Republican)Rand Paul (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)Bill Hagerty (Republican)John Barrasso (Republican)Richard C. Shelby (Republican)Josh Hawley (Republican)John Cornyn (Republican)Chuck Grassley (Republican)Marco Rubio (Republican)Patrick Toomey (Republican)Rob Portman (Republican)Steve Daines (Republican)John Hoeven (Republican)Mike Crapo (Republican)Richard Burr (Republican)

Judiciary Committee

  • 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 provide in the case of a child born alive following an abortion or attempted abortion. Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement. A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both. 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 under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.
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Timeline

Bill from Previous Congress

S 116-311
Born-Alive Abortion Survivors Protection Act

Bill from Previous Congress

S 116-130
Born-Alive Abortion Survivors Protection Act
Jan 28, 2021
Introduced in Senate
Jan 28, 2021
Read twice and referred to the Committee on the Judiciary.
Mar 22, 2021

Latest Companion Bill Action

HR 117-619
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
  • Bill from Previous Congress

    S 116-311
    Born-Alive Abortion Survivors Protection Act


  • Bill from Previous Congress

    S 116-130
    Born-Alive Abortion Survivors Protection Act


  • January 28, 2021
    Introduced in Senate


  • January 28, 2021
    Read twice and referred to the Committee on the Judiciary.


  • March 22, 2021

    Latest Companion Bill Action

    HR 117-619
    Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Crime and Law Enforcement

Related Bills

  • HR 117-619: 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

USA117th CongressS-123| Senate 
| Updated: 1/28/2021
Born-Alive Abortion Survivors Protection Act This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion. Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement. A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both. 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 under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 116-311
Born-Alive Abortion Survivors Protection Act

Bill from Previous Congress

S 116-130
Born-Alive Abortion Survivors Protection Act
Jan 28, 2021
Introduced in Senate
Jan 28, 2021
Read twice and referred to the Committee on the Judiciary.
Mar 22, 2021

Latest Companion Bill Action

HR 117-619
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
  • Bill from Previous Congress

    S 116-311
    Born-Alive Abortion Survivors Protection Act


  • Bill from Previous Congress

    S 116-130
    Born-Alive Abortion Survivors Protection Act


  • January 28, 2021
    Introduced in Senate


  • January 28, 2021
    Read twice and referred to the Committee on the Judiciary.


  • March 22, 2021

    Latest Companion Bill Action

    HR 117-619
    Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Ben Sasse

Ben Sasse

Republican Senator

Nebraska

Cosponsors (45)
Joni Ernst (Republican)Rick Scott (Republican)Bill Cassidy (Republican)Mike Braun (Republican)Roger Marshall (Republican)Dan Sullivan (Republican)Mitch McConnell (Republican)Thomas Tillis (Republican)Cindy Hyde-Smith (Republican)Jerry Moran (Republican)Mike Lee (Republican)James E. Risch (Republican)Cynthia M. Lummis (Republican)Ron Johnson (Republican)Marsha Blackburn (Republican)Todd Young (Republican)Tom Cotton (Republican)James M. Inhofe (Republican)Lindsey Graham (Republican)Roger F. Wicker (Republican)Rand Paul (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)Bill Hagerty (Republican)John Barrasso (Republican)Richard C. Shelby (Republican)Josh Hawley (Republican)John Cornyn (Republican)Chuck Grassley (Republican)Marco Rubio (Republican)Patrick Toomey (Republican)Rob Portman (Republican)Steve Daines (Republican)John Hoeven (Republican)Mike Crapo (Republican)Richard Burr (Republican)

Judiciary Committee

Crime and Law Enforcement

Related Bills

  • HR 117-619: 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