H.R.37 - Born-Alive Abortion Survivors Protection Act115th Congress (2017-2018) |
|Sponsor:||Rep. Franks, Trent [R-AZ-8] (Introduced 01/03/2017)|
|Committees:||House - Judiciary|
|Latest Action:||House - 01/12/2017 Referred to the Subcommittee on the Constitution and Civil Justice. (All Actions)|
This bill has the status Introduced
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- To President
- Became Law
Summary: H.R.37 — 115th Congress (2017-2018)All Information (Except Text)
Introduced in House (01/03/2017)
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 "born alive" 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.