Bill

Bill > SB384


OR SB384

OR SB384
Relating to abortion.


summary

Introduced
01/13/2025
In Committee
01/17/2025
Crossed Over
Passed
Dead
06/27/2025

Introduced Session

2025 Legislative Measures

Bill Summary

The statement includes a measure digest written in compliance with applicable readability standards. Digest: The Act tells doctors to provide a child born alive with a level of care based on the child’s gestational age, even if the child was born after an attempt to abort the child. (Flesch Readability Score: 60.3). Requires health care practitioners to exercise the proper degree of care to preserve the health and life of a child born alive after an abortion or attempted abortion. Requires a health care prac- titioner to ensure that a child born alive is transported to a hospital. Creates a crime for failure to exercise proper standard of care, punishable by a maximum of five years’ imprisonment, $125,000 fine, or both. Allows a specified person to bring a civil action for damages and equitable relief against a health care practitioner for failure to exercise the proper degree of care. Directs the court to award attorney fees to a prevailing plaintiff. Allows the court to order identity or personally identifiable information of plaintiff protected from disclosure. Defines “individual” for purposes of statute laws of this state to include an infant born alive.

AI Summary

This bill, known as the Born-Alive Infants Protection Act, establishes legal requirements for healthcare practitioners when an abortion results in a live birth. The bill defines "born alive" as a child who shows signs of life after expulsion or extraction, such as breathing or having a heartbeat, at any stage of development. Healthcare practitioners are mandated to provide the same level of professional care to a born-alive infant as they would to any other child of the same gestational age, including immediate transportation to a hospital if not already in a hospital setting. The bill creates a criminal offense for failing to exercise proper standard of care, which is classified as a Class C felony punishable by up to five years in prison and a $125,000 fine. Additionally, the person whose pregnancy was terminated may bring a civil action for damages and is protected from prosecution. The bill also includes provisions to protect the plaintiff's identity in civil proceedings and amends the state's legal definition of "individual" to explicitly include infants born alive. Importantly, the bill specifies that it does not affirm or deny any legal status of a human prior to being born alive, focusing solely on the treatment of infants who survive an abortion attempt.

Committee Categories

Health and Social Services

Sponsors (6)

Last Action

In committee upon adjournment. (on 06/27/2025)

bill text


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