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Mandatory Life-Saving Care for Infants Surviving Abortion: New Penalties.

This law requires healthcare practitioners to provide the same degree of life-saving care to an infant who survives an abortion attempt as they would to any other newborn of the same gestational age. It establishes severe criminal penalties, including up to five years in prison, for medical staff who fail to comply, treating intentional killing of such an infant as murder. The mother is protected from prosecution and is granted the right to seek civil damages against violating practitioners.
Key points
Healthcare providers must immediately give full life-saving care and transport to a hospital for any child born alive after an abortion attempt.
Failure to provide care is a crime punishable by up to 5 years in prison; intentional killing is treated as murder.
Mothers are immune from criminal prosecution and can pursue civil lawsuits for damages against non-compliant staff.
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Additional Information
Print number: 118_S_204
Sponsor: Sen. Thune, John [R-SD]
Process start date: 2023-02-01