Born-Alive Abortion Survivors Protection Act
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.
- IntroducedJan 31, 2019
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- 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 call | Question | Result | Date |
|---|---|---|---|
| Senate 58 | On the Cloture Motion S. 311 | Cloture Motion Rejected56–41 | Feb 25, 2020 |
| Senate 27 | On Cloture on the Motion to Proceed S. 311 | Cloture on the Motion to Proceed Rejected53–44 | Feb 25, 2019 |
Cosponsors 50
Members who signed on, in the order they did. Signatures ran from Jan 31, 2019 to Feb 25, 2019; 40 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-LA | Bill Cassidy | Original | Jan 31, 2019 |
| R-IA | Chuck Grassley | Original | Jan 31, 2019 |
| R-MS | Cindy Hyde-Smith | Original | Jan 31, 2019 |
| R-GA | David Perdue | Original | Jan 31, 2019 |
| R-NE | Deb Fischer | Original | Jan 31, 2019 |
| R-ID | James E. Risch | Original | Jan 31, 2019 |
| R-OK | James Lankford | Original | Jan 31, 2019 |
| R-OK | James M. Inhofe | Original | Jan 31, 2019 |
| R-KS | Jerry Moran | Original | Jan 31, 2019 |
| R-WY | John Barrasso | Original | Jan 31, 2019 |
| R-AR | John Boozman | Original | Jan 31, 2019 |
| R-TX | John Cornyn | Original | Jan 31, 2019 |
| R-ND | John Hoeven | Original | Jan 31, 2019 |
| R-LA | John Kennedy | Original | Jan 31, 2019 |
| R-SD | John Thune | Original | Jan 31, 2019 |
| R-GA | Johnny Isakson | Original | Jan 31, 2019 |
| R-IA | Joni Ernst | Original | Jan 31, 2019 |
| R-MO | Josh Hawley | Original | Jan 31, 2019 |
| R-ND | Kevin Cramer | Original | Jan 31, 2019 |
| R-SC | Lindsey Graham | Original | Jan 31, 2019 |
| R-FL | Marco Rubio | Original | Jan 31, 2019 |
| R-TN | Marsha Blackburn | Original | Jan 31, 2019 |
| R-WY | Michael B. Enzi | Original | Jan 31, 2019 |
| R-IN | Mike Braun | Original | Jan 31, 2019 |
| R-ID | Mike Crapo | Original | Jan 31, 2019 |
| R-SD | Mike Rounds | Original | Jan 31, 2019 |
| R-KY | Mitch McConnell | Original | Jan 31, 2019 |
| R-UT | Mitt Romney | Original | Jan 31, 2019 |
| R-KS | Pat Roberts | Original | Jan 31, 2019 |
| R-NC | Richard Burr | Original | Jan 31, 2019 |
| R-OH | Rob Portman | Original | Jan 31, 2019 |
| R-MS | Roger F. Wicker | Original | Jan 31, 2019 |
| R-WI | Ron Johnson | Original | Jan 31, 2019 |
| R-MO | Roy Blunt | Original | Jan 31, 2019 |
| R-MT | Steve Daines | Original | Jan 31, 2019 |
| R-TX | Ted Cruz | Original | Jan 31, 2019 |
| R-NC | Thom Tillis | Original | Jan 31, 2019 |
| R-SC | Tim Scott | Original | Jan 31, 2019 |
| R-IN | Todd Young | Original | Jan 31, 2019 |
| R-AR | Tom Cotton | Original | Jan 31, 2019 |
| R-AK | Dan Sullivan | Feb 4, 2019 | |
| R-TN | Lamar Alexander | Feb 4, 2019 | |
| R-UT | Mike Lee | Feb 4, 2019 | |
| R-PA | Patrick J. Toomey | Feb 5, 2019 | |
| R-WV | Shelley Moore Capito | Feb 5, 2019 | |
| R-AZ | Martha McSally | Feb 6, 2019 | |
| R-KY | Rand Paul | Feb 7, 2019 | |
| R-FL | Rick Scott | Feb 7, 2019 | |
| R-AL | Richard C. Shelby | Feb 14, 2019 | |
| R-CO | Cory Gardner | Feb 25, 2019 |
Actions 11
Everything that happened, newest first.
- 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)
- Feb 13, 2020Motion to proceed to consideration of measure made in Senate. (CR S1062)
- Feb 13, 2020Cloture motion on the motion to proceed to the measure presented in Senate. (CR S1062)
- Feb 13, 2020Motion to proceed to consideration of measure withdrawn in Senate. (CR S1062)
- Feb 25, 2019Motion to proceed to measure considered in Senate. (CR S1414)
In the Congressional Record 12
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H1445 | Roger Marshall R-KS | Mar 3, 2020 |
| Senate | Debate and remarks S1169, S1175, S1176, S1178 | Amy Klobuchar D-MN, James M. Inhofe R-OK, Mike Lee R-UT, Sherrod Brown D-OH | Feb 27, 2020 |
| Senate | Debate and remarks S1123–S1139, S1143Cloture motions S1136Recorded votes S1136cloture motion on motion to proceed | Ben Sasse R-NE (cloture motion), Bernard Sanders I-VT, Catherine Cortez Masto D-NV, Charles E. Schumer D-NY, Cindy Hyde-Smith R-MS (cloture motion), David Perdue R-GA (cloture motion), Edward J. Markey D-MA, James Lankford R-OK (cloture motion), James M. Inhofe R-OK, John Barrasso R-WY, John Boozman R-AR (cloture motion), John Cornyn R-TX (cloture motion), John Hoeven R-ND (cloture motion), John Thune R-SD (cloture motion), Joni Ernst R-IA (cloture motion), Kelly Loeffler R-GA, Lindsey Graham R-SC (cloture motion), Mike Braun R-IN (cloture motion), Mike Crapo R-ID (cloture motion), Mike Rounds R-SD (cloture motion), Mitch McConnell R-KY (cloture motion), Richard J. Durbin D-IL, Roger F. Wicker R-MS (cloture motion), Thom Tillis R-NC (cloture motion), Tim Scott R-SC (cloture motion) | Feb 25, 2020 |
| Senate | Debate and remarks S1096, S1098, S1101, S1105–S1113 | Ben Sasse R-NE, Jeanne Shaheen D-NH, John Cornyn R-TX, Joni Ernst R-IA, Mike Braun R-IN, Mitch McConnell R-KY, Patty Murray D-WA, Ron Wyden D-OR, Steve Daines R-MT, Ted Cruz R-TX, Tom Cotton R-AR | Feb 24, 2020 |
| Senate | Debate and remarks S1062, S1081Motions S1062Cloture motions S1062 | Ben Sasse R-NE (cloture motion), Cindy Hyde-Smith R-MS (cloture motion), David Perdue R-GA (cloture motion), James Lankford R-OK (cloture motion), John Boozman R-AR (cloture motion), John Cornyn R-TX (cloture motion), John Hoeven R-ND (cloture motion), John Thune R-SD (cloture motion), Joni Ernst R-IA (cloture motion), Lindsey Graham R-SC (cloture motion), Mike Braun R-IN (cloture motion), Mike Crapo R-ID (cloture motion), Mike Rounds R-SD (cloture motion), Mitch McConnell R-KY (cloture motion, motion), Roger F. Wicker R-MS (cloture motion), Thom Tillis R-NC (cloture motion), Tim Scott R-SC (cloture motion) | Feb 13, 2020 |
Related bills 3
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 130 | Born-Alive Abortion Survivors Protection Act | Related bill | Feb 11, 2020 |
| HR 962 | Born-Alive Abortion Survivors Protection Act | Related bill | Mar 22, 2019 |
| HR 8923 | Protection of Born-Alive Abortion Survivors Act | Related bill | Dec 9, 2020 |
Titles 3
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
- Short Title(s) from PCS (Placed on Senate Calendar) bill text
- 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.
- Feb 4, 2019Placed on Calendar 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.
