North Carolina ‘Born-Alive Abortion Survivors Protection Act’ (SB 359)

This law was last updated on May 1, 2019

State

North Carolina

Number

SB 359

Status

Vetoed

Proposed

Mar 26, 2019

Topics

Later Abortion

Full Bill Text

www.ncleg.gov

SB 359 provides that a person who intentionally performs or attempts to perform an overt act that kills a child born alive would be punished for murder. A health-care practitioner who fails to provide the appropriate degree of care to a child born alive would face felony charges.

The bill defines “born-alive” to mean:

With respect to a member of the species homo sapiens, this term means the complete expulsion or extraction from his or her mother of that member, 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, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.

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 would be punished for murder, punishable by anywhere from 94 months to life imprisonment or the death penalty.

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 class D felony, punishable by anywhere between three and 13 years imprisonment and a $250,000 fine.

Reporting Requirements

A health-care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic 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 class D felony, punishable by anywhere between three and 13 years imprisonment and a $250,000 fine.

The bill provides that the mother of the child born alive may not be prosecuted for any violation of—or conspiracy to commit a violation—of either of the requirements for health-care practitioners. However, the mother would not be protected from prosecution for any unlawful killing of a child born alive.

Related Legislation

Companion bill to HB 602.

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

Latest Action

3/26/19 – Introduced.

4/15/19 – Passed the Senate in a 28-19 vote.

4/16/19 – Passed the House in a 65-46 vote.

4/18/19 – Vetoed by Democratic Gov. Roy Cooper.

4/30/19 – Senate passed veto override in a 30-20 vote.