Enacts Article 1M, Born-Alive Abortion Survivors Protection Act, to GS Chapter 90. Defines abortion and attempt to perform an abortion. Sets forth legislative findings. Establishes standards of care, now requiring any health care provider present at the time a child is born alive resulting from an abortion or attempt to perform an abortion to: (1) 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 child born alive at the same gestational age and (2) ensure that the child born alive is immediately transported and admitted to a hospital. Defines born alive to mean, with respect to a member of the species homo sapiens, the complete expulsion or extraction from his or her mother of that member, 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, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
Requires a health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of noncompliance to immediately report the noncompliance to an appropriate State or federal law enforcement agency, or both. Bars prosecution of the mother of a child born alive for violation of, or attempt or conspiracy of GS 90-21.142 or GS 90-21.143, as enacted, involving the child who was born alive. Makes violations of GS 90-21.142 and GS 90-21.143 a Class 1 misdemeanor, punishable by a fine not to exceed $250,000, unless the conduct is covered under some other law providing greater punishment. Makes any person who intentionally performs or attempts to perform an overt act that kills a child born alive punishable for murder under GS 14-17(c), a Class A felony. Provides for civil remedies for the woman upon whom the abortion was performed or attempted in which a child is born alive and there is a violation of the Article, including damages for objectively verifiable money damages for all injuries (psychological and physical), treble statutory damages for the cost of the abortion or attempted abortion, and punitive damages. Provides for reasonable attorneys' fees if judgment is rendered in favor of the plaintiff or if the judgement is rendered in favor of the defendant and the court finds the suit was frivolous or brought in bad faith. Makes conforming changes to GS 14-17(c).
Applies to offenses committed on or after September 1, 2021.
Provides a savings clause for prosecutions for offenses committed before the effective date of the act.
Effective September 1, 2021.
BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT.
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View NCGA Bill Details | 2021 |
AN ACT ESTABLISHING THE BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT.Intro. by Krawiec, Barnes, Galey.
Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (May 13 2021)
Bill History:
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Tue, 30 Mar 2021 Senate: Filed
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Wed, 31 Mar 2021 Senate: Passed 1st Reading
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Wed, 31 Mar 2021 Senate: Ref To Com On Rules and Operations of the Senate
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Wed, 5 May 2021 Senate: Withdrawn From Com
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Thu, 6 May 2021 Senate: Reptd Fav
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Thu, 6 May 2021 Senate: Re-ref Com On Rules and Operations of the Senate
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Mon, 10 May 2021 Senate: Reptd Fav
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Tue, 11 May 2021 Senate: Passed 2nd Reading
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Tue, 11 May 2021 Senate: Passed 3rd Reading
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Wed, 12 May 2021 Senate: Regular Message Sent To House
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Wed, 12 May 2021 House: Regular Message Received From Senate
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Thu, 13 May 2021 House: Passed 1st Reading
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Thu, 13 May 2021 House: Ref To Com On Rules, Calendar, and Operations of the House
S 405
Bill Summaries:
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Bill S 405 (2021-2022)Summary date: Mar 30 2021 - View Summary
View: All Summaries for Bill