119-S6

Bill is currently in: Senate
Path to Law
House Senate President

119th CONGRESS

1st Session

S. 6

1. Short title
2. Findings
3. Born-alive infants protection
4. Effective date

1. Short title

This Act may be cited as the "Born-Alive Abortion Survivors Protection Act".

2. Findings

Congress finds the following:

(1) - If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States, and entitled to all the protections of such laws.

(2) - Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care.

3. Born-alive infants protection

(a) Requirements pertaining to born-Alive abortion survivors - Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following:

1532. Requirements pertaining to born-alive abortion survivors

(a) Requirements for health care practitioners - In the case of an abortion or attempted abortion that results in a child born alive:

(1) Degree of care required; immediate admission to a hospital - Any health care practitioner present at the time the child is born alive shall—

(A) - exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and

(B) - following the exercise of skill, care, and diligence required under subparagraph (A), ensure that the child born alive is immediately transported and admitted to a hospital.

(2) Mandatory reporting of violations - A health care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic who has knowledge of a failure to comply with the requirements of paragraph (1) shall immediately report the failure to an appropriate State or Federal law enforcement agency, or to both.

(b) Penalties -

(1) In general - Whoever violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both.

(2) Intentional killing of child born alive - Whoever intentionally performs or attempts to perform an overt act that kills a child born alive described under subsection (a), shall be punished as under section 1111 of this title for intentionally killing or attempting to kill a human being.

(c) Bar to prosecution - The mother of a child born alive described under subsection (a) may not be prosecuted for a violation of this section, an attempt to violate this section, a conspiracy to violate this section, or an offense under section 3 or 4 of this title based on such a violation.

(d) Civil remedies -

(1) Civil action by a woman on whom an abortion is performed - If a child is born alive and there is a violation of subsection (a), the woman upon whom the abortion was performed or attempted may, in a civil action against any person who committed the violation, obtain appropriate relief.

(2) Appropriate relief - Appropriate relief in a civil action under this subsection includes—

(A) - objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of subsection (a);

(B) - statutory damages equal to 3 times the cost of the abortion or attempted abortion; and

(C) - punitive damages.

(3) Attorney’s fee for plaintiff - The court shall award a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this subsection.

(4) Attorney’s fee for defendant - If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff.

(e) Definitions - In this section the following definitions apply:

(1) Abortion - The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device—

(A) - to intentionally kill the unborn child of a woman known to be pregnant; or

(B) - to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—

(i) - after viability, to produce a live birth and preserve the life and health of the child born alive; or

(ii) - to remove a dead unborn child.

(2) Attempt - The term attempt, with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.

(3) Born alive - The term born alive has the meaning given that term in section 8 of title 1, United States Code (commonly known as the "Born-Alive Infants Protection Act").

(b) Conforming amendments -

(1) - The table of sections for chapter 74 of title 18, United States Code, is amended by adding at the end the following:

(2) - The chapter heading for chapter 74 of title 18, United States Code, is amended by striking "Partial-Birth Abortions" and inserting "Abortions".

(3) - The table of chapters for part I of title 18, United States Code, is amended by striking the item relating to chapter 74 and inserting the following:

4. Effective date

This Act shall take effect one day after the date of enactment.