118th Congress Crime and Law Enforcement
S. 204: Born-Alive Abortion Survivors Protection Act
Introduced
- Introduced (completed)
- Passed Senate (not reached)
- Passed House (not reached)
- To the President (not reached)
- Became law (not reached)
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.
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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.
Written by the Congressional Research Service, Library of Congress.
Roll calls
No roll call votes have been held on this bill.
Amendments
No amendments were offered to this bill.
Cosponsors
- John Barrasso R-WYOriginal
- Tom Cotton R-AROriginal
- Cindy Hyde-Smith R-MSOriginal
- Ron Johnson R-WIOriginal
- James Lankford R-OKOriginal
- Jerry Moran R-KSOriginal
- Roger Marshall R-KSOriginal
- James Risch R-IDOriginal
- Marco Rubio R-FLOriginal
- Dan Sullivan R-AKOriginal
- Michael Crapo R-ID
- John Hoeven R-ND
- Rick Scott R-FL
- Todd Young R-IN
- Katie Britt R-AL
- Ted Cruz R-TX
- Cynthia Lummis R-WY
- Markwayne Mullin R-OK
- James David Vance R-OH
- Marsha Blackburn R-TN
- Ted Budd R-NC
- John Boozman R-AR
- Mike Braun R-IN
- John Cornyn R-TX
- Deb Fischer R-NE
- Thom Tillis R-NC
- Mike Rounds R-SD
- Mitt Romney R-UT
- Joshua Hawley R-MO
- Lindsey Graham R-SC
- Roger Wicker R-MS
- Pete Ricketts R-NE
- Bill Cassidy R-LA
- Steve Daines R-MT
- Bill Hagerty R-TN
- Tim Scott R-SC
- Charles Grassley R-IA
- Mike Lee R-UT
- John Kennedy R-LA
- Eric Schmitt R-MO
- Kevin Cramer R-ND
- Mitch McConnell R-KY
- Tommy Tuberville R-AL
Who scored on this bill
- 1John Thune SponsorIntroduced, reached a cosponsor milestone2 events+6
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Introductions and cosponsorships count toward weekly caps and show no points.
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History
- Introduced in the Senate by John Thune.
Show the full action history (2 actions)
- Introduced in Senate
- Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S205-206; text: CR S206)


