Born-Alive Abortion Survivors Protection Act

Bill: 118-hr-26
Sponsor: Rep. Wagner, Ann [R-MO-2]
Introduced: 2023-01-09 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: 2023-01-09
text: 

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&#8212;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. 

action_date: 2023-01-11
text: 

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&#8212;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. 


Legislative actions:
action_date: 2023-01-25
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.
action_date: 2023-01-23
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2023-01-11
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2023-01-11
text: On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
action_date: 2023-01-11
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
action_date: 2023-01-11
text: On motion to recommit Failed by the Yeas and Nays: 212 - 219 (Roll no. 28).
action_date: 2023-01-11
text: Considered as unfinished business. (consideration: CR H190-191)
action_date: 2023-01-11
text: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 26, the Chair put the question on passage of the motion to recommit and by voice vote, announced that the nays had prevailed. Ms. DeGette demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
action_date: 2023-01-11
text: The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
action_date: 2023-01-11
text: Ms. DeGette moved to recommit to the Committee on the Judiciary. (text: CR H187-190)
action_date: 2023-01-11
text: The previous question was ordered pursuant to the rule.
action_date: 2023-01-11
text: DEBATE - The House proceeded with one hour of debate on H.R. 26.
action_date: 2023-01-11
text: Considered under the provisions of rule H. Res. 5. (consideration: CR H178-190)
action_date: 2023-01-09
text: Referred to the House Committee on the Judiciary.
action_date: 2023-01-09
text: Introduced in House
action_date: 2023-01-09
text: Introduced in House