Senate Bill 405: Born-Alive Abortion Survivors Protection Act

• Defines "born alive" as complete expulsion or extraction from the mother at any developmental stage showing breathing, heartbeat, umbilical cord pulsation, or voluntary muscle movement, regardless of whether the umbilical cord is cut.

• Requires any health care practitioner present when a child is born alive following an abortion to exercise the same professional skill and care as would be rendered to any other newborn and ensure immediate transport and admission to a hospital.

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

• Makes violation of these requirements a Class 1 misdemeanor punishable by a fine of up to $250,000; intentionally killing a born-alive child constitutes murder under existing law.

• Allows the woman upon whom an abortion was performed to sue for damages including actual injuries, statutory damages of three times the abortion cost, and punitive damages, plus reasonable attorney's fees if the plaintiff prevails; bars prosecution of the mother under these provisions.

• Becomes effective September 1, 2021.