Federal · H.R. 26 · 118th Congress
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.
First two sentences of the Congressional Research Service's summary · Congress.gov ↗
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Latest final vote: Passed · U.S. House · Jan 11, 2023
Official record ↗Constitution
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All votes
By party
| Party | Yes | No | Present | Not voting |
|---|---|---|---|---|
| Republican | 183 | 0 | 0 | 3 |
| Democratic | 1 | 174 | 1 | 0 |
| Democrat | 0 | 6 | 0 | 0 |
| Independent | 1 | 0 | 0 | 0 |
By state (48)
| State | Yes | No | Present | Not voting |
|---|---|---|---|---|
| AL | 5 | 1 | 0 | 0 |
| AR | 4 | 0 | 0 | 0 |
| AZ | 5 | 2 | 0 | 0 |
| CA | 12 | 40 | 0 | 0 |
| CO | 1 | 4 | 0 | 0 |
| CT | 0 | 5 | 0 | 0 |
| DE | 0 | 1 | 0 | 0 |
| FL | 16 | 7 | 0 | 1 |
| GA | 7 | 4 | 0 | 0 |
| HI | 0 | 2 | 0 | 0 |
| IA | 4 | 0 | 0 | 0 |
| ID | 2 | 0 | 0 | 0 |
| IL | 3 | 14 | 0 | 0 |
| IN | 5 | 2 | 0 | 0 |
| KS | 2 | 1 | 0 | 0 |
| KY | 5 | 1 | 0 | 0 |
| LA | 4 | 1 | 0 | 0 |
| MA | 0 | 9 | 0 | 0 |
| MD | 1 | 4 | 0 | 0 |
| ME | 0 | 2 | 0 | 0 |
| MI | 6 | 6 | 0 | 0 |
| MN | 4 | 3 | 0 | 0 |
| MO | 5 | 1 | 0 | 0 |
| MS | 3 | 1 | 0 | 0 |
| MT | 1 | 0 | 0 | 0 |
| NC | 5 | 4 | 0 | 0 |
| NE | 3 | 0 | 0 | 0 |
| NH | 0 | 1 | 0 | 0 |
| NJ | 3 | 6 | 0 | 0 |
| NM | 0 | 3 | 0 | 0 |
| NV | 1 | 3 | 0 | 0 |
| NY | 7 | 13 | 0 | 0 |
| OH | 8 | 5 | 0 | 0 |
| OK | 5 | 0 | 0 | 0 |
| OR | 1 | 3 | 0 | 0 |
| PA | 8 | 7 | 0 | 0 |
| RI | 0 | 1 | 0 | 0 |
| SC | 5 | 1 | 0 | 0 |
| SD | 1 | 0 | 0 | 0 |
| TN | 7 | 1 | 0 | 0 |
| TX | 21 | 9 | 1 | 2 |
| UT | 3 | 0 | 0 | 0 |
| VA | 4 | 2 | 0 | 0 |
| VT | 0 | 1 | 0 | 0 |
| WA | 1 | 7 | 0 | 0 |
| WI | 5 | 2 | 0 | 0 |
| WV | 1 | 0 | 0 | 0 |
| WY | 1 | 0 | 0 | 0 |
The breakdown counts the 369 members whose positions are loaded; the totals above are the official record's.
Party is as each member's record lists it. Counts are of recorded positions, nothing more.
Every member's vote
369 members, by last name.
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Money
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History
- Jan 11, 2023U.S. House: On Passage · Passed ↗
- Jan 11, 2023U.S. House: On Motion to Recommit · Failed ↗
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Final action
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From Congress.gov's record of the bill's actions.
Full text
Official summary (Congressional Research Service)
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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