Born-Alive Abortion Survivors Protection Act
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.
- IntroducedFeb 1, 2023
- 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 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; 10 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-MS | Cindy Hyde-Smith | Original | Feb 1, 2023 |
| R-AK | Dan Sullivan | Original | Feb 1, 2023 |
| R-ID | James E. Risch | Original | Feb 1, 2023 |
| R-OK | James Lankford | Original | Feb 1, 2023 |
| R-KS | Jerry Moran | Original | Feb 1, 2023 |
| R-WY | John Barrasso | Original | Feb 1, 2023 |
| R-FL | Marco Rubio | Original | Feb 1, 2023 |
| R-KS | Roger Marshall | Original | Feb 1, 2023 |
| R-WI | Ron Johnson | Original | Feb 1, 2023 |
| R-AR | Tom Cotton | Original | Feb 1, 2023 |
| R-ND | John Hoeven | Feb 2, 2023 | |
| R-ID | Mike Crapo | Feb 2, 2023 | |
| R-FL | Rick Scott | Feb 2, 2023 | |
| R-IN | Todd Young | Feb 2, 2023 | |
| R-WY | Cynthia M. Lummis | Feb 7, 2023 | |
| R-OH | J. D. Vance | Feb 7, 2023 | |
| R-AL | Katie Boyd Britt | Feb 7, 2023 | |
| R-OK | Markwayne Mullin | Feb 7, 2023 | |
| R-TX | Ted Cruz | Feb 7, 2023 | |
| R-TN | Marsha Blackburn | Feb 9, 2023 | |
| R-NC | Ted Budd | Feb 9, 2023 | |
| R-AR | John Boozman | Feb 13, 2023 | |
| R-NE | Deb Fischer | Feb 14, 2023 | |
| R-TX | John Cornyn | Feb 14, 2023 | |
| R-IN | Mike Braun | Feb 14, 2023 | |
| R-NC | Thom Tillis | Feb 14, 2023 | |
| R-SD | Mike Rounds | Feb 16, 2023 | |
| R-UT | Mitt Romney | Feb 16, 2023 | |
| R-MO | Josh Hawley | Feb 28, 2023 | |
| R-SC | Lindsey Graham | Mar 14, 2023 | |
| R-MS | Roger F. Wicker | Apr 20, 2023 | |
| R-NE | Pete Ricketts | May 17, 2023 | |
| R-LA | Bill Cassidy | May 30, 2023 | |
| R-MT | Steve Daines | Sep 5, 2023 | |
| R-TN | Bill Hagerty | Sep 13, 2023 | |
| R-SC | Tim Scott | Sep 14, 2023 | |
| R-IA | Chuck Grassley | Oct 4, 2023 | |
| R-UT | Mike Lee | Oct 4, 2023 | |
| R-MO | Eric Schmitt | Oct 17, 2023 | |
| R-LA | John Kennedy | Oct 17, 2023 | |
| R-ND | Kevin Cramer | Dec 14, 2023 | |
| R-KY | Mitch McConnell | Dec 14, 2023 | |
| R-AL | Tommy Tuberville | Mar 21, 2024 |
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 Feb 1, 2023 |
Actions 2
Everything that happened, newest first.
- Feb 1, 2023Introduced in Senate
- Feb 1, 2023Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S205-206; text: CR S206)
In the Congressional Record 3
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 |
|---|---|---|---|
| Senate | Debate and remarks S6130–S6132 | James Lankford R-OK, Katie Boyd Britt R-AL, Richard J. Durbin D-IL | Sep 18, 2024 |
| Senate | Debate and remarks S4136, S4137 | John Thune R-SD, Laphonza R. Butler D-CA | Jun 18, 2024 |
| Senate | Debate and remarks S205Text printed S206 | John Thune R-SD (text) | Feb 1, 2023 |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 26 | Born-Alive Abortion Survivors Protection Act | Related bill | Jan 25, 2023 |
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 Title(s) 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.
- Feb 1, 2023Introduced 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.
