S 204 · 118th Congress 2023–2025, ended

Born-Alive Abortion Survivors Protection Act

Fact sheet

Latest action · Feb 1, 2023 Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S205-206; text: CR S206)

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. IntroducedFeb 1, 2023
  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 provide in the case of a child born alive following an abortion or attempted abortion.

Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement.

A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both.

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 under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.

Cosponsors 43

Members who signed on, in the order they did. Signatures ran from Feb 1, 2023 to Mar 21, 2024, with 10 there on the day it was introduced.

SeatCosponsorSigned on
R-MSCindy Hyde-SmithOriginalFeb 1, 2023
R-AKDan SullivanOriginalFeb 1, 2023
R-IDJames E. RischOriginalFeb 1, 2023
R-OKJames LankfordOriginalFeb 1, 2023
R-KSJerry MoranOriginalFeb 1, 2023
R-WYJohn BarrassoOriginalFeb 1, 2023
R-FLMarco RubioOriginalFeb 1, 2023
R-KSRoger MarshallOriginalFeb 1, 2023
R-WIRon JohnsonOriginalFeb 1, 2023
R-ARTom CottonOriginalFeb 1, 2023
R-NDJohn HoevenFeb 2, 2023
R-IDMike CrapoFeb 2, 2023
R-FLRick ScottFeb 2, 2023
R-INTodd YoungFeb 2, 2023
R-WYCynthia M. LummisFeb 7, 2023

Actions 2

Everything that happened, newest first.

  1. Feb 1, 2023Introduced in Senate
  2. Feb 1, 2023Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S205-206; text: CR S206)

Related bills 1

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

BillTitleRelationshipLatest action
HR 26Born-Alive Abortion Survivors Protection ActRelated billJan 25, 2023

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 1, 2023Introduced in 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.