Born-Alive Abortion Survivors Protection Act

What this measure contains

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.

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Bill text and versions

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• Placed on Calendar Senate · Official document ↗· Jan 16, 2025

Legislative path

Each stage below is a House or Senate floor decision: every recorded roll call on this measure, plus passage by voice vote or unanimous consent, which records no individual votes. Each stage shows the latest version published before that day; the chamber may have voted on an amended text. Roll calls name every member. A member's row follows their votes, and a highlighted vote marks where they voted for advancing the measure at one stage and against it at another (passage, cloture, motions to proceed, agreeing to the other chamber's version). Amendments and motions such as recommit or table don't count as a change, because an aye there isn't a vote for the measure.

1. Placed on Calendar Senate

Decision stages

1. Jan 22, 2025 · Senate

   Senate cloture to proceed on Placed on Calendar Senate: Cloture on the Motion to Proceed Rejected

   52 aye · 47 no · 1 not voting · Source roll call

Senate members along the path

Aye yea or aye · No nay or no · Present · NV not voting · Changed reversed on advancing the measure

Members are identified by the Bioguide ID in each roll call, not by name. Not voting is not a no vote; a blank cell means the member wasn't listed for that roll call.Congress.gov actions ↗

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Legislative history

1. Jan 15, 2025

   Introduced in Senate

2. Jan 15, 2025

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

3. Jan 16, 2025

   Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 4.

4. Jan 20, 2025

   Motion to proceed to consideration of measure made in Senate. (CR S258)

5. Jan 20, 2025

   Cloture motion on the motion to proceed to the measure presented in Senate. (CR S258)

6. Jan 21, 2025

   Motion to proceed to measure considered in Senate. (CR S275-276)

7. Jan 22, 2025

   Motion to proceed to measure considered in Senate. (CR S283)

8. Jan 22, 2025

   Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 47. Record Vote Number: 11. (CR S294-295)

Bill sponsors