Born-Alive Abortion Survivors Protection Act

Bill: 115-hr-4712
Sponsor: Rep. Blackburn, Marsha [R-TN-7]
Introduced: 2017-12-21 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: 2017-12-21
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 bill 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 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. 
 


Legislative actions:
action_date: 2018-01-20
text: Received in the Senate.
action_date: 2018-01-19
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2018-01-19
text: On passage Passed by the Yeas and Nays: 241 - 183 (Roll no. 36). (text: CR H560-561)
action_date: 2018-01-19
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 241 - 183 (Roll no. 36).(text: CR H560-561)
action_date: 2018-01-19
text: Considered as unfinished business. (consideration: CR H571)
action_date: 2018-01-19
text: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 4712, the Chair put the question on passage of the bill, and by voice vote announced that the ayes had prevailed. Mr. Nadler demanded the yeas and nays, and the Chair postponed further proceedings on the question of passage until later in the legislative day.
action_date: 2018-01-19
text: The previous question was ordered pursuant to the rule.
action_date: 2018-01-19
text: DEBATE - The House proceeded with one hour of debate on H.R. 4712.
action_date: 2018-01-19
text: Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.
action_date: 2018-01-19
text: Considered under the provisions of rule H. Res. 694. (consideration: CR H560-569)
action_date: 2018-01-18
text: Rule H. Res. 694 passed House.
action_date: 2018-01-16
text: Rules Committee Resolution H. Res. 694 Reported to House. Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.
action_date: 2017-12-21
text: Referred to the Subcommittee on the Constitution and Civil Justice.
action_date: 2017-12-21
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
action_date: 2017-12-21
text: Referred to the House Committee on the Judiciary.
action_date: 2017-12-21
text: Introduced in House
action_date: 2017-12-21
text: Introduced in House