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NC S359

Bill

Status

Vetoed

4/18/2019

Primary Sponsor

Joyce Krawiec

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Establishes that an infant born alive after an abortion or attempted abortion is a legal person entitled to all protections under North Carolina law, defined as showing breathing, heartbeat, umbilical cord pulsation, or voluntary muscle movement after expulsion or extraction.

  • Requires health care practitioners present at birth of a child born alive to exercise professional skill and care to preserve the child's life and health consistent with standards for other infants at the same gestational age, and to ensure immediate transportation and admission to a hospital.

  • Mandates health care practitioners and employees of hospitals, physician offices, or abortion clinics report any failure to comply with these requirements to state or federal law enforcement immediately.

  • Exempts the mother of a child born alive from prosecution for violations of the Act's requirements.

  • Establishes criminal penalties of Class D felony with fines up to $250,000 for violations, murder charges for intentional killing of a born-alive child, and civil remedies including actual damages, statutory damages of three times abortion costs, and punitive damages.

  • Becomes effective December 1, 2019.

Legislative Description

Born-Alive Abortion Survivors Protection Act

Last Action

Failed To Override Veto

6/5/2019

Committee Referrals

Rules and Operations of the Senate4/10/2019
Judiciary4/8/2019
Rules and Operations of the Senate3/27/2019

Full Bill Text

No bill text available