Bill > S1603

Introduced Session

Born-Alive Abortion Survivors Protection Act (Sec. 3) This bill amends the federal criminal code to require any health care practitioner who is present when a child is born alive following an abortion or attempted abortion to: (1) exercise the same degree of care as reasonably provided to any other child born alive at the same gestational age, and (2) ensure that such child is immediately admitted to a hospital. The term "born alive" means the complete expulsion or extraction from his or her mother, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut. Also, a health care practitioner or other employee who has knowledge of a failure to comply with these requirements must immediately report such failure to an appropriate law enforcement agency. An individual who violates the provisions of this Act is subject to a criminal fine, up to five years in prison, or both. An individual who commits an overt act that kills a child born alive is subject to criminal prosecution for murder. The legislation bars the criminal prosecution of a mother of a child born alive for conspiracy to violate the provisions of this Act, 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 Act.

Committee Categories

Jeff Flake (R)*,  Tammy Baldwin (D),  Richard Blumenthal (D),  Richard Burr (R),  Dianne Feinstein (D),  James Inhofe (R),  Ron Johnson (R),  James Lankford (R),  John McCain (R),  Chuck Schumer (D),  Dan Sullivan (R),  Thom Tillis (R),  Pat Toomey (R),  David Vitter (R), 

Message on House action received in Senate and at desk: House amendment to Senate bill. (on 09/21/2015)

Official Document