S 311 · 116th Congress 2019–2021, ended

Born-Alive Abortion Survivors Protection Act

Fact sheet

Latest action · Feb 25, 2020 Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 56 - 41. Record Vote Number: 58. (CR S1136)

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.

  1. IntroducedJan 31, 2019
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Born-Alive Abortion Survivors Protection Act

This bill establishes requirements for the degree of care a health care practitioner must exercise in the event a child is born alive following an abortion or attempted abortion.

A health care practitioner who is present must (1) exercise the same degree of care as reasonably provided to another child born alive at the same gestational age, and (2) immediately admit the child to a hospital. The bill also requires a health care practitioner or other employee to immediately report any failure to comply with this requirement to law enforcement.

A person who violates the requirements is subject to criminal penalties—a fine, up to five years in prison, or both.

Additionally, an individual who intentionally kills or attempts to kill a child born alive is subject to 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.

Recorded votes 2

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
Senate 58Cloture Motion Rejected56–41Feb 25, 2020
Senate 27Cloture on the Motion to Proceed Rejected53–44Feb 25, 2019

Cosponsors 50

Members who signed on, in the order they did. Signatures ran from Jan 31, 2019 to Feb 25, 2019, with 40 there on the day it was introduced.

SeatCosponsorSigned on
R-LABill CassidyOriginalJan 31, 2019
R-IAChuck GrassleyOriginalJan 31, 2019
R-MSCindy Hyde-SmithOriginalJan 31, 2019
R-GADavid PerdueOriginalJan 31, 2019
R-NEDeb FischerOriginalJan 31, 2019
R-IDJames E. RischOriginalJan 31, 2019
R-OKJames LankfordOriginalJan 31, 2019
R-OKJames M. InhofeOriginalJan 31, 2019
R-KSJerry MoranOriginalJan 31, 2019
R-WYJohn BarrassoOriginalJan 31, 2019
R-ARJohn BoozmanOriginalJan 31, 2019
R-TXJohn CornynOriginalJan 31, 2019
R-NDJohn HoevenOriginalJan 31, 2019
R-LAJohn KennedyOriginalJan 31, 2019
R-SDJohn ThuneOriginalJan 31, 2019

Actions 11

Everything that happened, newest first.

  1. Feb 25, 2020Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 56 - 41. Record Vote Number: 58. (CR S1136)
  2. Feb 13, 2020Cloture motion on the motion to proceed to the measure presented in Senate. (CR S1062)
  3. Feb 13, 2020Motion to proceed to consideration of measure made in Senate. (CR S1062)
  4. Feb 13, 2020Motion to proceed to consideration of measure withdrawn in Senate. (CR S1062)
  5. Feb 25, 2019Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 53 - 44. Record Vote Number: 27. (CR S1422)

Related bills 3

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 130Born-Alive Abortion Survivors Protection ActRelated billFeb 11, 2020
HR 962Born-Alive Abortion Survivors Protection ActRelated billMar 22, 2019
HR 8923Protection of Born-Alive Abortion Survivors ActRelated billDec 9, 2020

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 1

Each version as it was printed, newest first.

  1. Feb 4, 2019Placed on Calendar Senate

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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.