Bill

Bill > HB4108


OR HB4108

OR HB4108
Relating to abortion.


summary

Introduced
02/05/2024
In Committee
02/05/2024
Crossed Over
Passed
Dead
03/07/2024

Introduced Session

2024 Legislative Measures

Bill Summary

The statement includes a measure digest written in compliance with applicable readability standards. Digest: Requires a health care worker who is present when a child is born alive after an abortion to give the same level of care as if the child was born alive after a normal birth. Makes it a crime if a health care worker knowingly or recklessly does not do so. Allows the person who had an abortion to sue a health care worker for knowingly or recklessly not giving the required care to a child born alive after an abortion. Allows the court to protect the private information of the person who had an abortion. (Flesch Readability Score: 62.6). Requires a health care practitioner to exercise the proper degree of care to preserve the health and life of a child born alive after an abortion or an attempted abortion. Requires a health care practitioner to ensure that a child born alive is transported to a hospital. Creates crime for failure to exercise proper standard of care, punishable by maximum of five years’ imprisonment, $125,000 fine, or both. Allows specified person to bring civil action for damages and equitable relief against a health care practitioner for failing to exercise proper standard of care. Directs the court to award attorney fees to a prevailing plaintiff. Allows the court to order that the identity or personally identifiable information of specified persons is protected from disclosure.

AI Summary

This bill, known as the Born-Alive Infants Protection Act, requires health care practitioners to provide the same level of care to a child born alive after an abortion as they would to any other newborn. It establishes that a "person," "human being," "child," and "individual" include an infant member of the human species who is born alive at any stage of development. The bill also creates a crime for knowingly or recklessly failing to provide the required care, with a maximum penalty of five years' imprisonment and a $125,000 fine. Additionally, it allows the person who had the abortion to sue the health care practitioner for damages and equitable relief, and the court may protect the person's identity and personal information from disclosure. The bill is intended to protect the rights and well-being of infants born alive after an abortion.

Committee Categories

Justice

Sponsors (28)

Last Action

In committee upon adjournment. (on 03/07/2024)

Bill Topics

Civil Rights, Minority Issues, and Civil Liberties
  • ‐ Gender, Identity and Sexual Orientation Discrimination
Health
  • ‐ Infants and Children
  • ‐ Regulation of Doctors and Health Facilities

bill text


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