Hawaii Born Alive Infant Protection Act (HB 1368)

HB 1368 would give full legal protection to so-called “born alive” infants.  With this legislation, if an attempted abortion results in the live birth of an infant, the infant would be considered a legal person for all purposes under the laws of the state of Hawaii.

Medical providers would be prohibited from denying or depriving an infant of nourishment with the intent to cause or allow the death of an infant for any reason.  If an infant is “born alive,” physicians would be required to take all medically and appropriate and reasonable steps to preserve the life and health of the infant.

Any physician, nurse or healthcare provider who intentionally or knowingly fails to provide the required care and treatment to a “born alive” infant after an attempted abortion, resulting in the death of the infant, would be guilty of murder in the second degree.

Any physician, nurse or healthcare provider who recklessly fails to provide medically appropriate and reasonable care and treatment to a “born alive” infant after an attempted abortion, resulting in the death of the infant, would be guilty of manslaughter.

The bill provides for additional civil and criminal penalties.

Related Legislation

Similar to HB 2763 and HB 1444, both of which failed to pass in 2016 and 2015, respectively.

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