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.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 130 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 130
To amend title 18, United States Code, to prohibit a health care
practitioner from failing to exercise the proper degree of care in the
case of a child who survives an abortion or attempted abortion.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 15, 2019
Mr. Sasse (for himself, Mr. Barrasso, Mrs. Blackburn, Mr. Blunt, Mr.
Boozman, Mr. Braun, Mr. Burr, Mr. Cassidy, Mr. Cornyn, Mr. Cotton, Mr.
Cramer, Mr. Crapo, Mr. Cruz, Mr. Daines, Ms. Ernst, Mrs. Fischer, Mr.
Grassley, Mr. Hawley, Mr. Hoeven, Mrs. Hyde-Smith, Mr. Inhofe, Mr.
Isakson, Mr. Johnson, Mr. Kennedy, Mr. Lankford, Mr. McConnell, Mr.
Moran, Mr. Perdue, Mr. Portman, Mr. Risch, Mr. Roberts, Mr. Rounds, Mr.
Rubio, Mr. Scott of South Carolina, Mr. Thune, Mr. Tillis, Mr. Young,
Mr. Graham, Mr. Wicker, and Mr. Enzi) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit a health care
practitioner from failing to exercise the proper degree of care in the
case of a child who survives an abortion or attempted abortion.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Born-Alive Abortion Survivors
Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) If an abortion results in the live birth of an infant,
the infant is a legal person for all purposes under the laws of
the United States, and entitled to all the protections of such
laws.
(2) Any infant born alive after an abortion or within a
hospital, clinic, or other facility has the same claim to the
protection of the law that would arise for any newborn, or for
any person who comes to a hospital, clinic, or other facility
for screening and treatment or otherwise becomes a patient
within its care.
SEC. 3. BORN-ALIVE INFANTS PROTECTION.
(a) Requirements Pertaining to Born-Alive Abortion Survivors.--
Chapter 74 of title 18, United States Code, is amended by inserting
after section 1531 the following:
``Sec. 1532. Requirements pertaining to born-alive abortion survivors
``(a) Requirements for Health Care Practitioners.--In the case of
an abortion or attempted abortion that results in a child born alive:
``(1) Degree of care required; immediate admission to a
hospital.--Any health care practitioner present at the time the
child is born alive shall--
``(A) exercise the same degree of professional
skill, care, and diligence to preserve the life and
health of the child as a reasonably diligent and
conscientious health care practitioner would render to
any other child born alive at the same gestational age;
and
``(B) following the exercise of skill, care, and
diligence required under subparagraph (A), ensure that
the child born alive is immediately transported and
admitted to a hospital.
``(2) Mandatory reporting of violations.--A health care
practitioner or any employee of a hospital, a physician's
office, or an abortion clinic who has knowledge of a failure to
comply with the requirements of paragraph (1) shall immediately
report the failure to an appropriate State or Federal law
enforcement agency, or to both.
``(b) Penalties.--
``(1) In general.--Whoever violates subsection (a) shall be
fined under this title, imprisoned for not more than 5 years,
or both.
``(2) Intentional killing of child born alive.--Whoever
intentionally performs or attempts to perform an overt act that
kills a child born alive described under subsection (a), shall
be punished as under section 1111 of this title for
intentionally killing or attempting to kill a human being.
``(c) Bar to Prosecution.--The mother of a child born alive
described under subsection (a) may not be prosecuted for a violation of
this section, an attempt to violate this section, a conspiracy to
violate this section, or an offense under section 3 or 4 of this title
based on such a violation.
``(d) Civil Remedies.--
``(1) Civil action by a woman on whom an abortion is
performed.--If a child is born alive and there is a violation
of subsection (a), the woman upon whom the abortion was
performed or attempted may, in a civil action against any
person who committed the violation, obtain appropriate relief.
``(2) Appropriate relief.--Appropriate relief in a civil
action under this subsection includes--
``(A) objectively verifiable money damage for all
injuries, psychological and physical, occasioned by the
violation of subsection (a);
``(B) statutory damages equal to 3 times the cost
of the abortion or attempted abortion; and
``(C) punitive damages.
``(3) Attorney's fee for plaintiff.--The court shall award
a reasonable attorney's fee to a prevailing plaintiff in a
civil action under this subsection.
``(4) Attorney's fee for defendant.--If a defendant in a
civil action under this subsection prevails and the court finds
that the plaintiff's suit was frivolous, the court shall award
a reasonable attorney's fee in favor of the defendant against
the plaintiff.
``(e) Definitions.--In this section the following definitions
apply:
``(1) Abortion.--The term `abortion' means the use or
prescription of any instrument, medicine, drug, or any other
substance or device--
``(A) to intentionally kill the unborn child of a
woman known to be pregnant; or
``(B) to intentionally terminate the pregnancy of a
woman known to be pregnant, with an intention other
than--
``(i) after viability, to produce a live
birth and preserve the life and health of the
child born alive; or
``(ii) to remove a dead unborn child.
``(2) Attempt.--The term `attempt', with respect to an
abortion, means conduct that, under the circumstances as the
actor believes them to be, constitutes a substantial step in a
course of conduct planned to culminate in performing an
abortion.
``(3) Born alive.--The term `born alive' has the meaning
given that term in section 8 of title 1, United States Code
(commonly known as the `Born-Alive Infants Protection Act').''.
(b) Technical and Conforming Amendments.--
(1) The table of sections for chapter 74 of title 18,
United States Code, is amended by adding at the end the
following:
``1532. Requirements pertaining to born-alive abortion survivors.''.
(2) The chapter heading for chapter 74 of title 18, United
States Code, is amended by striking ``PARTIAL-BIRTH ABORTIONS''
and inserting ``ABORTIONS''.
(3) The table of chapters for part I of title 18, United
States Code, is amended by striking the item relating to
chapter 74 and inserting the following:
``74. Abortion.............................................. 1531''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Hearings held.
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