114th Congress > House > Vote 504

Date: September 18, 2015

Result: 248-177 (Passed)

Clerk session vote number: 506

Sponsor: FRANKS, Trent (R-AZ)

Bill number: HR3504

Question: On Passage

Description: Born-Alive Abortion Survivors Protection Act

Bill summary: (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Born-Alive Abortion Survivors Protection Act (Sec. 3) 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 Act 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 legislation bars the criminal prosecution of a mother of a child born alive for conspiracy to violate the provisions of this Act, 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 Act.

Bill titles: To amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.

Links for more info on the vote: congress.gov

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