AN ACT ESTABLISHING THE BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT.
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 D felony, 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 December 1, 2021.
Provides a savings clause for prosecutions for offenses committed before the effective date of the act.
Effective September 1, 2021.
© 2021 School of Government The University of North Carolina at Chapel Hill
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