Born-Alive Abortion Survivors Protection Act
Latest action · Jan 24, 2017 Read twice and referred to the Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJan 24, 2017
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Born-Alive Abortion Survivors Protection Act
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 bill 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 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.
Cosponsors 36
Members who signed on, in the order they did. Signatures ran from Jan 24, 2017 to Jul 31, 2018; 27 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-LA | Bill Cassidy | Original | Jan 24, 2017 |
| R-IA | Chuck Grassley | Original | Jan 24, 2017 |
| R-GA | David Perdue | Original | Jan 24, 2017 |
| R-NE | Deb Fischer | Original | Jan 24, 2017 |
| R-ID | James E. Risch | Original | Jan 24, 2017 |
| R-OK | James Lankford | Original | Jan 24, 2017 |
| R-OK | James M. Inhofe | Original | Jan 24, 2017 |
| R-KS | Jerry Moran | Original | Jan 24, 2017 |
| R-WY | John Barrasso | Original | Jan 24, 2017 |
| R-AR | John Boozman | Original | Jan 24, 2017 |
| R-AZ | John McCain | Original | Jan 24, 2017 |
| R-GA | Johnny Isakson | Original | Jan 24, 2017 |
| R-SC | Lindsey Graham | Original | Jan 24, 2017 |
| R-FL | Marco Rubio | Original | Jan 24, 2017 |
| R-WY | Michael B. Enzi | Original | Jan 24, 2017 |
| R-KY | Mitch McConnell | Original | Jan 24, 2017 |
| R-KS | Pat Roberts | Original | Jan 24, 2017 |
| R-NC | Richard Burr | Original | Jan 24, 2017 |
| R-OH | Rob Portman | Original | Jan 24, 2017 |
| R-MS | Roger F. Wicker | Original | Jan 24, 2017 |
| R-WI | Ron Johnson | Original | Jan 24, 2017 |
| R-MO | Roy Blunt | Original | Jan 24, 2017 |
| R-MT | Steve Daines | Original | Jan 24, 2017 |
| R-TX | Ted Cruz | Original | Jan 24, 2017 |
| R-NC | Thom Tillis | Original | Jan 24, 2017 |
| R-SC | Tim Scott | Original | Jan 24, 2017 |
| R-AR | Tom Cotton | Original | Jan 24, 2017 |
| R-TX | John Cornyn | Jan 30, 2017 | |
| R-MS | Thad Cochran | Jan 30, 2017 | |
| R-SD | Mike Rounds | Feb 1, 2017 | |
| R-LA | John Kennedy | Mar 6, 2017 | |
| R-AL | Luther Strange | Jun 27, 2017 | |
| R-UT | Orrin G. Hatch | Sep 28, 2017 | |
| R-IA | Joni Ernst | Jun 7, 2018 | |
| R-ND | John Hoeven | Jun 26, 2018 | |
| R-MS | Cindy Hyde-Smith | Jul 31, 2018 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Judiciary Committee | Referred Jan 24, 2017 |
Actions 2
Everything that happened, newest first.
- Jan 24, 2017Introduced in Senate
- Jan 24, 2017Read twice and referred to the Committee on the Judiciary.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| 115-82 | ZTE: A THREAT TO AMERICA'S SMALL BUSINESSES47 pages | Small Business Committee | Jun 27, 2018 |
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R45161 | Abortion At or Over 20 Weeks’ Gestation: Frequently Asked Questions | Report | Apr 30, 2018 |
Related bills 3
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 37 | Born-Alive Abortion Survivors Protection Act | Identical bill | Jan 12, 2017 |
| S 130 | Born-Alive Abortion Survivors Protection Act | Reintroduced Bill | Feb 11, 2020 |
| S 2066 | Born-Alive Abortion Survivors Protection Act | Reintroduction of | Sep 22, 2015 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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.
- Short Titles as Introduced
- Born-Alive Abortion Survivors Protection Act
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
Text 1
Each version as it was printed, newest first.
- Jan 24, 2017Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
