Born-Alive Abortion Survivors Protection Act

Bill: 114-hr-3504
Sponsor: Rep. Franks, Trent [R-AZ-8]
Introduced: 2015-09-15 in the House
Policy area: Crime and Law Enforcement
Subjects: Abortion
Civil actions and liability
Criminal investigation, prosecution, interrogation
Health personnel
Legal fees and court costs
Medical ethics
Violent crime

Summary:
action_date: 2015-09-15
text: 

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 &quot;born alive&quot; 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 Act 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 legislation bars the criminal prosecution of a mother of a child born alive for conspiracy to violate the provisions of this Act, 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 Act. 
 

action_date: 2015-09-18
text: 
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
 

Born-Alive Abortion Survivors Protection Act

 
(Sec. 3) 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 &quot;born alive&quot; 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 Act 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 legislation bars the criminal prosecution of a mother of a child born alive for conspiracy to violate the provisions of this Act, 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 Act. 


Legislative actions:
action_date: 2015-09-22
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 236.
action_date: 2015-09-21
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2015-09-18
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2015-09-18
text: On passage Passed by the Yeas and Nays: 248 - 177, 1 Present (Roll no. 506). (text: CR H6143-6144)
action_date: 2015-09-18
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 248 - 177, 1 Present (Roll no. 506).(text: CR H6143-6144)
action_date: 2015-09-18
text: Considered as unfinished business. (consideration: CR H6167)
action_date: 2015-09-18
text: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 3504, the Chair put the question on passage of the bill and by voice vote announced that the ayes had prevailed. Ms. Chu demanded the yeas and nays, and the Chair postponed further proceedings on passage of the bill until later in the legislative day.
action_date: 2015-09-18
text: The previous question was ordered pursuant to the rule. (consideration: CR H6152)
action_date: 2015-09-18
text: DEBATE - The House proceeded with one hour of debate on H.R. 3504.
action_date: 2015-09-18
text: Rule provides for consideration of H.R. 3134 and H.R. 3504.
action_date: 2015-09-18
text: Considered under the provisions of rule H. Res. 421. (consideration: CR H6143-6152)
action_date: 2015-09-17
text: Rule H. Res. 421 passed House.
action_date: 2015-09-16
text: Rules Committee Resolution H. Res. 421 Reported to House. Rule provides for consideration of H.R. 3134 and H.R. 3504.
action_date: 2015-09-15
text: Referred to the House Committee on the Judiciary.
action_date: 2015-09-15
text: Referred to the Subcommittee on the Constitution and Civil Justice.
action_date: 2015-09-15
text: Introduced in House
action_date: 2015-09-15
text: Introduced in House