Bill Summary

Bill Summary

This bill, known as the "Born-Alive Abortion Survivors Protection Act," aims to amend title 18 of the United States Code to make it illegal for a healthcare practitioner to not provide proper care for a child who survives an abortion or attempted abortion.

Findings and Constitutional Authority

The bill states that if an abortion results in the live birth of an infant, the infant is considered a legal person under US laws and should receive all the protections entitled to any newborn. It asserts that healthcare practitioners should be held to the same standards of care for these born alive infants as they would for any other child. The bill declares that these requirements are made in accordance with the 14th Amendment of the US Constitution, which ensures equal protection under the law, and section 8 of article I of the Constitution, which grants Congress the power to make laws necessary and proper for carrying out its constitutional responsibilities.

Born-Alive Infants Protection

The bill introduces new requirements for healthcare practitioners in cases where an abortion results in a live birth. It mandates that any healthcare practitioner present at the time of birth must exercise the same degree of skill, care, and diligence to preserve the life and health of the child as they would for any other child born alive at the same gestational age. Additionally, they must ensure that the child is immediately transported and admitted to a hospital.

The bill also includes penalties for violations. Any healthcare practitioner who fails to meet these requirements may be fined or imprisoned for up to five years. If a healthcare practitioner intentionally performs or attempts to perform an act that kills a child born alive, they will face punishment similar to intentionally killing or attempting to kill a human being under section 1111 of the United States Code.

In addition, the bill requires mandatory reporting of violations. A healthcare practitioner or any employee of a hospital, physician's office, or abortion clinic who becomes aware of a failure to comply with the requirements must immediately report it to an appropriate state or federal law enforcement agency.

The bill also includes provisions for civil remedies. If a child is born alive and these requirements are violated, the woman upon whom the abortion was performed or attempted may file a civil action against the person responsible. The court may award damages for any injuries, both physical and psychological, caused by the violation, as well as punitive damages. The court may also award attorney's fees for the prevailing party, and if the court determines that the plaintiff's suit was frivolous, it may award attorney's fees in favor of the defendant.

Rep. Gregory Pence

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