{"bills":[{"photos":{"featured":"https://assets.causes.com/bill/photo/hr4712-115/featured_born-alive-abortion-survivors-protection-act-1515972949.jpg","featured_large":"https://assets.causes.com/bill/photo/hr4712-115/featured_large_born-alive-abortion-survivors-protection-act-1515972949.jpg","shareable":"https://n.causes.com/share-images/bills/hr4712-115.png"},"introduced_on":"2017-12-21","title_override":"Punishing Healthcare Providers For Not Trying to Save Infants Who Survive Attempted Abortions","summary_override":"

This bill — known as the Born-Alive Abortion Survivors Protection Act — would require healthcare providers to give “reasonably diligent and conscientious care” to an infant born-alive following an attempted abortion. Providers would have to take appropriate steps to save the infant’s life given its age and health, and immediately transport and admit the infant to the hospital. Failing to comply with those requirements would be punishable by fines or up to five years in prison, and if a person’s actions actively lead to the death of a born-alive infant they could be tried for murder. The mother of the child couldn’t be prosecuted under this bill, as it only applies to healthcare providers.

If a healthcare provider, or an employee of a physician’s office, hospital, or abortion clinic knows about a failure to comply with these requirements, they are legally responsible for reporting the incident to a state or federal law enforcement agency.

Women who give birth to born-alive infants could file civil lawsuits against healthcare providers. The loser of the civil suit would pay the winner’s attorney’s fees, and legal awards could include:

Compensation for physical and psychological injury.
Statutory damages up to three times the cost of the abortion or attempted abortion.
And punitive damages.

","official_title":"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.","short_title":"Born-Alive Abortion Survivors Protection Act","popular_title":null,"short_summary":"Born-Alive Abortion Survivors Protection Act\n\nThis 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.\n\nAlso, 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.\n\nAn individual who violates the provisions of this bill is subject to a crim...","summarized":true,"cost":null,"cost_commentary":"A CBO cost estimate is unavailable.","impact":"Born-alive infants; women seeking abortions; healthcare providers; and federal and state law enforcement.","argument_for":"Infants born following an attempted abortion have rights under the Constitution just like any other person. 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A similar bill was passed under Bush, and is equally unnecessary. An infant must be in the 3rd trimester to survive abortion and abortions do NOT occur in the 3rd trimester. Congress needs to stop grandstanding and wasting taxpayer monies! ","show_argument_for":false,"show_argument_against":true,"upvote_count":8,"upvotes_for_count":null,"upvotes_against_count":8,"has_upvoted":false,"endorsement_count":8,"links":{"self":"https://www.causes.com/positions/df2dc994-4680-441d-aedd-b375602d8827"},"body":"Republicans need to Stop promoting ignorance and fear. A similar bill was passed under Bush, and is equally unnecessary. An infant must be in the 3rd trimester to survive abortion and abortions do NOT occur in the 3rd trimester. Congress needs to stop grandstanding and wasting taxpayer monies! 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Punishing Healthcare Providers For Not Trying to Save Infants Who Survive Attempted Abortions