summary
Introduced
02/05/2024
02/05/2024
In Committee
02/05/2024
02/05/2024
Crossed Over
Passed
Dead
03/07/2024
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)
Bobby Levy (R)*,
Mark Owens (R)*,
David Smith (R)*,
Dick Anderson (R),
Court Boice (R),
Daniel Bonham (R),
Vikki Breese-Iverson (R),
Tracy Cramer (R),
Ed Diehl (R),
Lucetta Elmer (R),
Fred Girod (R),
Christine Goodwin (R),
Bill Hansell (R),
James Hieb (R),
Cyrus Javadi (D),
Tim Knopp (R),
Rick Lewis (R),
Dennis Linthicum (R),
Kevin Mannix (R),
Emily McIntire (R),
Virgle Osborne (R),
Werner Reschke (R),
Anna Scharf (R),
Brian Stout (R),
Kim Thatcher (R),
Suzanne Weber (R),
Boomer Wright (R),
Dwayne Yunker (R),
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
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://olis.oregonlegislature.gov/liz/2024R1/Measures/Overview/HB4108 | 02/02/2024 |
| Open Government Impact Statement for HB4108 INTRO | https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureAnalysisDocument/81407 | 03/11/2024 |
| Open Government Impact Statement for HB4108 INTRO | https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureAnalysisDocument/81407 | 02/04/2024 |
| BillText | https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/HB4108/Introduced | 02/02/2024 |
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