Born-Alive Abortion Survivors Protection Act

S 2066 Born Alive Abortion Survivors Protection Act

US Congress 114th Congress

Born-Alive Abortion Survivors Protection Act
S.2066


About S.2066

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 Act 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 legislation bars the criminal prosecution of a mother of a child born alive for conspiracy to violate the provisions of this Act, 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 Act.

  

Bill Texts

Introduced 09/28/2015

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History

Read Twice And Referred To The Committee On The Judiciary.

09/22/2015