What This Bill Does
This bill creates federal requirements for health care workers when a child is born alive during or after an abortion procedure. It requires proper medical care for the child and establishes penalties for failing to provide that care.
Who It Affects
Health care practitioners (doctors, nurses, and other medical professionals) who are present when a child is born alive during an abortion or attempted abortion. Employees of hospitals, physician offices, and abortion clinics. Women who have abortions or attempted abortions.
Key Provisions
• A health care practitioner present when a child is born alive must exercise the same degree of professional skill, care, and diligence to preserve the child's life and health as they would provide to any other child born alive at the same stage of pregnancy development, and must immediately transport and admit the child to a hospital. (Sec. 3(a)(1))
• A health care practitioner or any employee of a hospital, physician office, or abortion clinic who knows about a failure to follow these requirements must immediately report the failure to a state or federal law enforcement agency. (Sec. 3(a)(2))
• A person who violates these requirements can be fined, imprisoned for not more than 5 years, or both. (Sec. 3(b)(1))
• A person who intentionally kills a child born alive will be punished as if they committed intentional killing of a human being. (Sec. 3(b)(2))
• The mother cannot be prosecuted for violations of this law. (Sec. 3(c))
• A woman who had the abortion or attempted abortion can file a civil lawsuit against anyone who violated these requirements and receive money damages for physical and psychological injuries, damages equal to 3 times the cost of the abortion or attempted abortion, and additional punitive damages (extra punishment damages). (Sec. 3(d))
What Changes
Federal law will now include a new section that creates specific duties for health care workers when a child is born alive during or after an abortion. The law will establish criminal penalties (fines and prison time) for violations and allow the woman to sue for money damages. The chapter of federal law dealing with abortions will be renamed from "Partial-Birth Abortions" to "Abortions."
Important Definitions
"Abortion" means using or prescribing any tool, medicine, drug, substance, or device to intentionally kill an unborn child or to intentionally end a pregnancy, except after viability (ability to survive outside the womb) if the purpose is to produce a live birth and protect the child's life and health, or to remove a dead unborn child. (Sec. 3(e)(1))
"Attempt" means conduct that, under the circumstances as the person believes them to be, is a substantial step toward performing an abortion. (Sec. 3(e)(2))
"Born alive" has the meaning given in section 8 of title 1, United States Code. (Sec. 3(e)(3))
Effective Date
One day after the date the law is enacted (becomes official).
II
118TH CONGRESS
1ST SESSION
S. 204
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.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 1, 2023
Mr. THUNE (for himself, Mr. LANKFORD, Mr. COTTON, Mrs. HYDE-SMITH,
Mr. JOHNSON, Mr. SULLIVAN, Mr. RUBIO, Mr. BARRASSO, Mr. RISCH,
Mr. MARSHALL, and Mr. MORAN) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to prohibit a health
care practitioner from failing to exercise the proper de-
gree of care in the case of a child who survives an
abortion or attempted abortion.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Born-Alive Abortion
4
Survivors Protection Act’’.
5
SEC. 2. FINDINGS.
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Congress finds the following:
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(1) If an abortion results in the live birth of an
1
infant, the infant is a legal person for all purposes
2
under the laws of the United States, and entitled to
3
all the protections of such laws.
4
(2) Any infant born alive after an abortion or
5
within a hospital, clinic, or other facility has the
6
same claim to the protection of the law that would
7
arise for any newborn, or for any person who comes
8
to a hospital, clinic, or other facility for screening
9
and treatment or otherwise becomes a patient within
10
its care.
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SEC. 3. BORN-ALIVE INFANTS PROTECTION.
12
(a) REQUIREMENTS PERTAINING
TO BORN-ALIVE
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ABORTION SURVIVORS.—Chapter 74 of title 18, United
14
States Code, is amended by inserting after section 1531
15
the following:
16
‘‘§ 1532. Requirements pertaining to born-alive abor-
17
tion survivors
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‘‘(a) REQUIREMENTS FOR HEALTH CARE PRACTI-
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TIONERS.—In the case of an abortion or attempted abor-
20
tion that results in a child born alive:
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‘‘(1) DEGREE OF CARE REQUIRED; IMMEDIATE
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ADMISSION TO A HOSPITAL.—Any health care practi-
23
tioner present at the time the child is born alive
24
shall—
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‘‘(A) exercise the same degree of profes-
1
sional skill, care, and diligence to preserve the
2
life and health of the child as a reasonably dili-
3
gent and conscientious health care practitioner
4
would render to any other child born alive at
5
the same gestational age; and
6
‘‘(B) following the exercise of skill, care,
7
and diligence required under subparagraph (A),
8
ensure that the child born alive is immediately
9
transported and admitted to a hospital.
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‘‘(2)
MANDATORY
REPORTING
OF
VIOLA-
11
TIONS.—A health care practitioner or any employee
12
of a hospital, a physician’s office, or an abortion
13
clinic who has knowledge of a failure to comply with
14
the requirements of paragraph (1) shall immediately
15
report the failure to an appropriate State or Federal
16
law enforcement agency, or to both.
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‘‘(b) PENALTIES.—
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‘‘(1) IN GENERAL.—Whoever violates subsection
19
(a) shall be fined under this title, imprisoned for not
20
more than 5 years, or both.
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‘‘(2) INTENTIONAL
KILLING
OF
CHILD
BORN
22
ALIVE.—Whoever intentionally performs or attempts
23
to perform an overt act that kills a child born alive
24
described under subsection (a), shall be punished as
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under section 1111 of this title for intentionally kill-
1
ing or attempting to kill a human being.
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‘‘(c) BAR TO PROSECUTION.—The mother of a child
3
born alive described under subsection (a) may not be pros-
4
ecuted for a violation of this section, an attempt to violate
5
this section, a conspiracy to violate this section, or an of-
6
fense under section 3 or 4 of this title based on such a
7
violation.
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‘‘(d) CIVIL REMEDIES.—
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‘‘(1) CIVIL ACTION BY A WOMAN ON WHOM AN
10
ABORTION IS PERFORMED.—If a child is born alive
11
and there is a violation of subsection (a), the woman
12
upon whom the abortion was performed or at-
13
tempted may, in a civil action against any person
14
who committed the violation, obtain appropriate re-
15
lief.
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‘‘(2) APPROPRIATE RELIEF.—Appropriate relief
17
in a civil action under this subsection includes—
18
‘‘(A) objectively verifiable money damage
19
for all injuries, psychological and physical, occa-
20
sioned by the violation of subsection (a);
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‘‘(B) statutory damages equal to 3 times
22
the cost of the abortion or attempted abortion;
23
and
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‘‘(C) punitive damages.
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‘‘(3) ATTORNEY’S FEE FOR PLAINTIFF.—The
1
court shall award a reasonable attorney’s fee to a
2
prevailing plaintiff in a civil action under this sub-
3
section.
4
‘‘(4) ATTORNEY’S FEE FOR DEFENDANT.—If a
5
defendant in a civil action under this subsection pre-
6
vails and the court finds that the plaintiff’s suit was
7
frivolous, the court shall award a reasonable attor-
8
ney’s fee in favor of the defendant against the plain-
9
tiff.
10
‘‘(e) DEFINITIONS.—In this section the following
11
definitions apply:
12
‘‘(1) ABORTION.—The term ‘abortion’ means
13
the use or prescription of any instrument, medicine,
14
drug, or any other substance or device—
15
‘‘(A) to intentionally kill the unborn child
16
of a woman known to be pregnant; or
17
‘‘(B) to intentionally terminate the preg-
18
nancy of a woman known to be pregnant, with
19
an intention other than—
20
‘‘(i) after viability, to produce a live
21
birth and preserve the life and health of
22
the child born alive; or
23
‘‘(ii) to remove a dead unborn child.
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‘‘(2) ATTEMPT.—The term ‘attempt’, with re-
1
spect to an abortion, means conduct that, under the
2
circumstances as the actor believes them to be, con-
3
stitutes a substantial step in a course of conduct
4
planned to culminate in performing an abortion.
5
‘‘(3) BORN ALIVE.—The term ‘born alive’ has
6
the meaning given that term in section 8 of title 1,
7
United States Code (commonly known as the ‘Born-
8
Alive Infants Protection Act’).’’.
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(b) CONFORMING AMENDMENTS.—
10
(1) The table of sections for chapter 74 of title
11
18, United States Code, is amended by adding at
12
the end the following:
13
‘‘1532. Requirements pertaining to born-alive abortion survivors.’’.
(2) The chapter heading for chapter 74 of title
14
18, United States Code, is amended by striking
15
‘‘PARTIAL-BIRTH ABORTIONS’’ and insert-
16
ing ‘‘ABORTIONS’’.
17
(3) The table of chapters for part I of title 18,
18
United States Code, is amended by striking the item
19
relating to chapter 74 and inserting the following:
20
‘‘74. Abortion ....................................................................................... 1531’’.
SEC. 4. EFFECTIVE DATE.
21
This Act shall take effect one day after the date of
22
enactment.
23
Æ
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