Born-Alive Abortion Survivors Protection Act (S. 220)

S. 220 would amend 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 exercise the same degree of care as reasonably provided to any other child born alive at the same gestational age, and ensure that such child is immediately admitted to a hospital.

Under federal law, the term “born alive” is defined as:

“[…]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.”

The bill would require a health-care practitioner or other employee who has knowledge of a failure to comply with these requirements to immediately report such failure to an appropriate law enforcement agency.

An individual who violates the provisions of this bill would be 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 would be 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 pregnant person who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this bill.

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Related Legislation

Identical to H.R. 37 and H.R. 4712.

Identical to H.R. 3504/S. 2066, which failed to pass during the 2015-2016 legislative session.

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