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H.R. 3504

BillFederalHousePassed House
Born-Alive Abortion Survivors Protection Act
About This Bill
Passed
Latest Action · September 22, 2015
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 236.
Congress
114th (2015–2017)
Introduced
September 15, 2015
Cosponsors (98)
1D 97R
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Summary

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(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 "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 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.

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