H.R. 4712 - 115th Congress (2017-2018) - Born-Alive Abortion Survivors Protection Act

This bill amends the federal criminal code to require any health care practitioner who is present when a child is born alive following an abortion or attempted abortion to: (1) exercise the same degree of care as reasonably provided to any other child born alive at the same gestational age, and (2) ensure that such child is immediately admitted to a hospital. The term "born alive" means the complete expulsion or extraction from his or her mother, 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.

Also, a health care practitioner or other employee who has knowledge of a failure to comply with these requirements must immediately report such failure to an appropriate law enforcement agency.

An individual who violates the provisions of this bill is subject to a criminal fine, up to five years in prison, or both.

An individual who commits an overt act that kills a child born alive is subject to criminal prosecution for murder.

The bill bars the criminal prosecution of a mother of a child born alive for conspiracy to violate these provisions, for being an accessory after the fact, or for concealment of felony.

A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this bill.

Text (3)

Received in Senate

January 20, 2018

Engrossed in House

January 19, 2018

Introduced in House

December 21, 2017

Actions (16)

Show Only Major Actions

01/20/2018

Received in the Senate.

01/19/2018

Motion to reconsider laid on the table Agreed to without objection.

01/19/2018

On passage Passed by the Yeas and Nays: 241 - 183 (Roll no. 36). (text: CR H560-561)

01/19/2018

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 241 - 183 (Roll no. 36).(text: CR H560-561)

01/19/2018

Considered as unfinished business. (consideration: CR H571)

01/19/2018

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 4712, the Chair put the question on passage of the bill, and by voice vote announced that the ayes had prevailed. Mr. Nadler demanded the yeas and nays, and the Chair postponed further proceedings on the question of passage until later in the legislative day.

01/19/2018

The previous question was ordered pursuant to the rule.

01/19/2018

DEBATE - The House proceeded with one hour of debate on H.R. 4712.

01/19/2018

Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.

01/19/2018

Considered under the provisions of rule H. Res. 694. (consideration: CR H560-569)

01/18/2018

Rule H. Res. 694 passed House.

01/16/2018

Rules Committee Resolution H. Res. 694 Reported to House. Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.

12/21/2017

Referred to the Subcommittee on the Constitution and Civil Justice.

12/21/2017

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

12/21/2017

Referred to the House Committee on the Judiciary.

12/21/2017

Introduced in House

Public Record

Record Updated

Jan 11, 2023 1:39:03 PM