New Jersey ‘Born-Alive Abortion Survivors Protection Act’ (A 5287)

This law was last updated on Aug 20, 2019

State

New Jersey

Number

A 5287

Status

Proposed

May 13, 2019

Topics

Later Abortion

Full Bill Text

www.njleg.state.nj.us

A 5287 would require a health-care practitioner to provide the same degree of care to a child born alive during an attempted abortion as they would render to any other child born alive at the same gestational age.

Requirements for Health-Care Practitioners

If an attempted abortion results in a child born alive, any health-care practitioner present at the time would be required to do all of the following:

Exercise the same degree of care to preserve the life and health of the child as a reasonably diligent and conscientious health-care practitioner would render to any other child born alive at the same gestational age; and
Ensure that the child born alive is immediately transported and admitted to a hospital.

A person who violates this provision would be guilty of a crime of the third degree—punishable by three to five years imprisonment, a fine of up to $15,000, or both.

Unlawful Killing of a Child Born Alive

Any person who intentionally performs or attempts to perform an overt act that kills a child born alive following an abortion or attempted abortion would be punished for murder, punishable by 30 years to life in prison.

Reporting Requirements

A health-care practitioner who has knowledge of a failure to comply with the health-care practitioner requirements would be required to report the failure to an appropriate state or federal law enforcement agency, or both.

A person who violates this provision would be guilty of a crime of the fourth degree—punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both.

The bill provides that the mother of a child born alive following an abortion or attempted abortion is not to be guilty of conspiracy to commit a crime under the bill’s provisions.

Related Legislation

Based on model legislation drafted by Americans United for Life (AUL).

Companion bill to S 3905.

Latest Action

5/13/19 – Introduced; referred to Assembly Women and Children Committee.