House Bill 26
118th Congress(2023-2024)
Born-Alive Abortion Survivors Protection Act
Active
Active
Passed House on Jan 11, 2023
Overview
Text
Sponsor
Introduced
Jan 9, 2023
Latest Action
Jan 25, 2023
Origin Chamber
House
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
26
Congress
118
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
Missouri
Nebraska
Alabama
Arizona
Arkansas
Arkansas
California
California
California
California
California
Colorado
Florida
Florida
Florida
Illinois
Illinois
Illinois
Indiana
Indiana
Indiana
Kansas
Kentucky
Kentucky
Louisiana
Louisiana
Louisiana
Louisiana
Louisiana
Maryland
Michigan
Michigan
Michigan
Minnesota
Minnesota
Mississippi
Mississippi
Mississippi
Missouri
Missouri
Missouri
Nebraska
New Jersey
New Jersey
North Carolina
North Carolina
North Carolina
North Carolina
North Carolina
North Carolina
North Dakota
Oklahoma
Oklahoma
Oklahoma
Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania
Pennsylvania
South Carolina
South Carolina
South Carolina
South Carolina
South Carolina
South Carolina
Tennessee
Tennessee
Tennessee
Tennessee
Tennessee
Virginia
Virginia
Virginia
Washington
West Virginia
West Virginia
Wisconsin
House Votes (3)
Senate Votes (0)
Question
On Passage
Status
Passed
Type
Roll Call Vote
Roll Call Vote
A vote that records the individual position of each Member who voted. Such votes occurring on the House floor (by the "yeas and nays" or by "recorded vote") are taken by electronic device. The Senate has no electronic voting system; in such votes, Senators answer "yea" or "nay" as the clerk calls each name aloud. Each vote is compiled by clerks and receives a roll call number (referenced in Congress.gov as a "Record Vote" [Senate] or "Roll no." [House]).
Roll Call Type
Yea-And-Nay
Roll Number
29
House Roll Call Votes
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 (3)
January 11, 2023
January 9, 2023
Actions (15)
01/25/2023
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.
01/23/2023
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
01/11/2023
Motion to reconsider laid on the table Agreed to without objection.
01/11/2023
On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
01/11/2023
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29).(text: CR H178)
01/11/2023
On motion to recommit Failed by the Yeas and Nays: 212 - 219 (Roll no. 28).
01/11/2023
Considered as unfinished business. (consideration: CR H190-191)
01/11/2023
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 26, the Chair put the question on passage of the motion to recommit and by voice vote, announced that the nays had prevailed. Ms. DeGette demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
01/11/2023
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
01/11/2023
Ms. DeGette moved to recommit to the Committee on the Judiciary. (text: CR H187-190)
01/11/2023
The previous question was ordered pursuant to the rule.
01/11/2023
DEBATE - The House proceeded with one hour of debate on H.R. 26.
01/11/2023
Considered under the provisions of rule H. Res. 5. (consideration: CR H178-190)
01/09/2023
Referred to the House Committee on the Judiciary.
01/09/2023
Introduced in House
Public Record
Record Updated
Jan 31, 2023 6:08:08 PM