HR-3504 : Still Just a Bill


Born-Alive Abortion Survivors Protection Act

This 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.

Also, 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.

An individual who violates the provisions of this Act is subject to a criminal fine, up to five years in prison, or both.

An individual who commits an overt act that kills a child born alive is subject to criminal prosecution for murder.

The legislation bars the criminal prosecution of a mother of a child born alive for conspiracy to violate the provisions of this Act, for being an accessory after the fact, or for concealment of felony.

A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this Act.

Action Timeline

Action DateTypeTextSource
2015-09-22CalendarsRead the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 236.Senate
2015-09-21CalendarsReceived in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.Senate
2015-09-18FloorMotion to reconsider laid on the table Agreed to without objection.House floor actions
2015-09-18VoteOn passage Passed by the Yeas and Nays: 248 - 177, 1 Present (Roll no. 506). (text: CR H6143-6144)House floor actions
2015-09-18FloorConsidered as unfinished business. (consideration: CR H6167)House floor actions
2015-09-18FloorPOSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 3504, the Chair put the question on passage of the bill and by voice vote announced that the ayes had prevailed. Ms. Chu demanded the yeas and nays, and the Chair postponed further proceedings on passage of the bill until later in the legislative day.House floor actions
2015-09-18FloorThe previous question was ordered pursuant to the rule. (consideration: CR H6152)House floor actions
2015-09-18FloorDEBATE - The House proceeded with one hour of debate on H.R. 3504.House floor actions
2015-09-18FloorRule provides for consideration of H.R. 3134 and H.R. 3504.House floor actions
2015-09-18FloorConsidered under the provisions of rule H. Res. 421. (consideration: CR H6143-6152)House floor actions
2015-09-17FloorRule H. Res. 421 passed House.House floor actions
2015-09-16FloorRules Committee Resolution H. Res. 421 Reported to House. Rule provides for consideration of H.R. 3134 and H.R. 3504.House floor actions
2015-09-15IntroReferralReferred to the House Committee on the Judiciary.House floor actions
2015-09-15CommitteeReferred to the Subcommittee on the Constitution and Civil Justice.House committee actions
2015-09-15IntroReferralIntroduced in HouseLibrary of Congress

Sponsor :

Trent Franks [R] (AZ-8)
See Cosponsors

Policy Area :

Crime and Law Enforcement
Related Subjects
  • Abortion
  • Civil actions and liability
  • Criminal investigation, prosecution, interrogation
  • Health personnel
  • Legal fees and court costs
  • Medical ethics
  • Violent crime
Related Geographic Entities
Related Organizations

Related Bills

See Related Bills