Bill Sponsor
Senate Bill 123
117th Congress(2021-2022)
Born-Alive Abortion Survivors Protection Act
Introduced
Introduced
Introduced in Senate on Jan 28, 2021
Overview
Text
Sponsor
Introduced
Jan 28, 2021
Latest Action
Jan 28, 2021
Origin Chamber
Senate
Type
Bill
Bill
The primary form of legislative measure used to propose law. Depending on the chamber of origin, bills begin with a designation of either H.R. or S. Joint resolution is another form of legislative measure used to propose law.
Bill Number
123
Congress
117
Policy Area
Crime and Law Enforcement
Crime and Law Enforcement
Primary focus of measure is criminal offenses, investigation and prosecution, procedure and sentencing; corrections and imprisonment; juvenile crime; law enforcement administration. Measures concerning terrorism may fall under Emergency Management or International Affairs policy areas.
Sponsorship by Party
Republican
Nebraska
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Arkansas
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Arkansas
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Florida
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Indiana
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Indiana
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Kentucky
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Louisiana
Republican
Louisiana
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Mississippi
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Mississippi
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Missouri
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Missouri
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Nebraska
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North Carolina
Republican
North Carolina
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North Dakota
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North Dakota
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Oklahoma
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Pennsylvania
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South Carolina
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South Carolina
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South Dakota
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South Dakota
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Tennessee
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Wisconsin
Senate Votes (0)
House Votes (0)
No Senate votes have been held for this bill.
Summary

Born-Alive Abortion Survivors Protection Act

This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion.

Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement.

A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both.

An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder.

The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.

Text (1)
January 28, 2021
Actions (2)
01/28/2021
Read twice and referred to the Committee on the Judiciary.
01/28/2021
Introduced in Senate
Public Record
Record Updated
Mar 8, 2023 8:12:10 PM