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

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

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

---

People

Organizations

• Americans United for Life — Drafted Model Law