H.R. 26 · 118th Congress · House

Born-Alive Abortion Survivors Protection Act

In Congress· Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.
Introduced
Jan 9, 23
Passed House
Jan 11, 23
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive 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.

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.

Previous Versions

00Jan 9, 2023

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.

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.

Action Timeline

16
  1. JAN 25, 2023Calendars

    Read the second time

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.

  2. JAN 23, 2023Calendars

    Received in the Senate

    Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

  3. JAN 11, 2023Floor

    Considered under the provisions of rule H

    Res. 5. (consideration: CR H178-190)

    178Yea
    190Nay
    0NV
  4. JAN 11, 2023Floor

    DEBATE - The House proceeded with one hour of debate on H.R. 26.

  5. JAN 11, 2023Floor

    The previous question was ordered pursuant to the rule.

  6. JAN 11, 2023Floor

    Ms

    DeGette moved to recommit to the Committee on the Judiciary. (text: CR H187-190)

    187Yea
    190Nay
    0NV
  7. JAN 11, 2023Floor

    The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

  8. JAN 11, 2023Floor

    POSTPONED PROCEEDINGS - At the conclusion of debate on H.R

    26, the Chair put the question on passage of the motion to recommit and by voice vote, announced that the nays had prevailed. Ms. DeGette demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

  9. JAN 11, 2023Floor

    Considered as unfinished business

    (consideration: CR H190-191)

    190Yea
    191Nay
    0NV
  10. JAN 11, 2023Floor

    On motion to recommit Failed by the Yeas and Nays

    Roll Call #28

    212 - 219 (Roll no. 28).

    212Yea
    219Nay
    0NV
  11. JAN 11, 2023Floor

    Passed/agreed to in House

    Roll Call #29

    On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)

    220Yea
    210Nay
    0NV
  12. JAN 11, 2023Floor

    On passage Passed by the Yeas and Nays

    Roll Call #29

    220 - 210, 1 Present (Roll no. 29). (text: CR H178)

    220Yea
    210Nay
    0NV
  13. JAN 11, 2023Floor

    Motion to reconsider laid on the table Agreed to without objection.

  14. JAN 09, 2023IntroReferral

    Introduced in House

  15. JAN 09, 2023IntroReferral

    Introduced in House

  16. JAN 09, 2023IntroReferral

    Referred to the House Committee on the Judiciary.

Committees

3

Judiciary Committee

hsju00

Referred: Jan 11, 2023

Active

Judiciary Committee

hsju00

Referred: Jan 11, 2023

Active

Judiciary Committee

hsju00

Referred: Jan 9, 2023

Active