H.R. 21: Born-Alive Abortion Survivors Protection Act
This bill, known as the Born-Alive Abortion Survivors Protection Act, aims to establish legal protections for infants who are born alive after an abortion or attempted abortion. The main objectives and requirements of the bill can be summarized as follows:
Key Provisions
- Definition of Born-Alive Infants: The bill defines an infant as a legal person entitled to all protections under U.S. law if born alive following an abortion or in a healthcare facility.
- Requirements for Healthcare Practitioners:
- Healthcare providers present at a birth resulting from an abortion must take the same level of care to protect the life and health of the child as they would for any newborn of the same gestational age.
- After providing care, they must ensure that the child is immediately transported to a hospital for further medical treatment.
- Mandatory Reporting: Any healthcare practitioner or employee who is aware of a failure to comply with the care requirements must report this to the appropriate state or federal law enforcement agency.
- Penalties for Non-Compliance:
- Individuals who fail to comply with the specified care requirements may face fines or imprisonment for up to five years.
- Those who intentionally kill a child born alive would be prosecuted under laws applicable to homicide.
- Protection for Mothers: The law stipulates that mothers of a child born alive cannot be prosecuted under this act for any violations that occur.
- Civil Remedies:
- A woman upon whom an abortion was performed may file a civil suit for damages if a child born alive suffers due to non-compliance with care requirements.
- The damages could include compensation for injuries, statutory damages up to three times the cost of the abortion procedure, and punitive damages. The law mandates that the plaintiff's attorney fees should be covered if they win the case.
- If the defendant prevails and the court finds the plaintiff's suit frivolous, the defendant can also recover attorney fees.
- Definitions:
- The bill provides clear definitions of what constitutes an abortion and an attempt to perform one, framing it within the context of the care required for born-alive infants.
Legislative Context
The bill was introduced in the 119th Congress and referred to the Committee on the Judiciary. It seeks to amend the existing Title 18 of the United States Code regarding abortion procedures and the care required for born-alive infants. With its introduction, Congress finds legal authority for this act under sections of the 14th Amendment and Article I of the Constitution.
Relevant Companies
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Actions
14 actions
Date | Action |
---|---|
Jan. 24, 2025 | Received in the Senate and Read twice and referred to the Committee on the Judiciary. |
Jan. 23, 2025 | Considered as unfinished business. (consideration: CR H347-348) |
Jan. 23, 2025 | Considered under the provisions of rule H. Res. 5. (consideration: CR H335-345) |
Jan. 23, 2025 | DEBATE - The House proceeded with one hour of debate on H.R. 21. |
Jan. 23, 2025 | Motion to reconsider laid on the table Agreed to without objection. |
Jan. 23, 2025 | Ms. Chu moved to recommit to the Committee on the Judiciary. (text: CR H344-345) |
Jan. 23, 2025 | On motion to recommit Failed by the Yeas and Nays: 205 - 216 (Roll no. 26). |
Jan. 23, 2025 | On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336) |
Jan. 23, 2025 | Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336) |
Jan. 23, 2025 | POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 21, the Chair put the question on the motion to recommit and by voice vote, announced that the noes had prevailed. Ms. Chu demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced. |
Jan. 23, 2025 | The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX. |
Jan. 23, 2025 | The previous question was ordered pursuant to the rule. |
Jan. 03, 2025 | Introduced in House |
Jan. 03, 2025 | Referred to the House Committee on the Judiciary. |
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