Comparing HB 20-1068 → HR 21 — Born-Alive Abortion Survivors Protection Act

Struck = only in HB 20-1068 · added = only in HR 21.

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Second Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED LLS NO.
[Congressional Bills 119th Congress] [From the U.S.
20-0264.01 Michael Dohr x4347 HOUSE BILL 20-1068 HOUSE SPONSORSHIP Sandridge, SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT C ONCERNING THE ENFORCEMENT OF THE RIGHTS OF A LIVING CHILD AFTER AN ABORTION .
Government Publishing Office] [H.R.
Bill Summary (Note:
21 Referred in Senate (RFS)] <DOC> 119th CONGRESS 1st Session H.
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill establishes a physician-patient relationship between a child born alive after or during an abortion and the physician who performed or attempted to perform the abortion.
R.
The bill requires the physician to exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligentandconscientiousphysicianwouldrendertoanyotherchildborn Shading denotes HOUSE amendment.
21 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24, 2025 Received;
Double underlining denotes SENATE amendment.
read twice and referred to the Committee on the Judiciary _______________________________________________________________________ AN ACT To amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Dashes through the words indicate deletions from existing statute.
SHORT TITLE.
alive at the same gestational age and requires that the child born alive be immediately transferred to a hospital.
This Act may be cited as the ``Born-Alive Abortion Survivors Protection Act''.
The bill creates a civil penalty of $100,000 for a violation enforceable by the attorney general, makes a violationaclass3felony,andmakesaconvictionunprofessionalconduct for licensing purposes.
SEC.
Be it enacted by the General Assembly of the State of Colorado:
2.
SECTION 1.
FINDINGS;
In Colorado Revised Statutes, add 12-240-146 as follows:
CONSTITUTIONAL AUTHORITY.
12-240-146.
(a) Findings.--Congress finds as follows:
Physician-patient relationship - child born alive.
(1) If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States, and entitled to all the protections of such laws.
(1) A PHYSICIANPATIENT RELATIONSHIP IS ESTABLISHED BETWEEN A CHILD BORN ALIVE AFTER OR DURING AN ABORTION AND THE PHYSICIAN WHO PERFORMED OR ATTEMPTED TO PERFORM THE ABORTION .
(2) Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care.
THE PHYSICIAN MUST 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 PHYSICIAN WOULD RENDER TO ANY OTHER CHILD BORN ALIVE AT THE SAME GESTATIONAL AGE .FORPURPOSESOFTHISSUBSECTION (1),PROFESSIONALSKILL CARE , AND DILIGENCE "REQUIRES THAT THE PHYSICIAN WHO PERFORMED OR ATTEMPTED THE ABORTION ENSURES THAT THE CHILD BORN ALIVE IS IMMEDIATELY TRANSFERRED TO A HOSPITAL .
(b) Constitutional Authority.--In accordance with the above findings, Congress enacts the following pursuant to Congress' power under-- (1) section 5 of the 14th Amendment, including the power to enforce the prohibition on government action denying equal protection of the laws;
(2) A WOMAN ON WHOM AN ABORTION IS PERFORMED OR ATTEMPTED TO BE PERFORMED MAY NOT BE HELD LIABLE PURSUANT TO THIS SECTION.
and (2) section 8 of article I to make all laws necessary and proper for carrying into execution the powers vested by the Constitution of the United States, including the power to regulate commerce under clause 3 of such section.
(3) (a) A PHYSICIAN WHO VIOLATES SUBSECTION (1) OF THIS SECTIONBYFAILINGTOPROVIDETHEAPPROPRIATEMEDICALTREATMENT TO A CHILD BORN ALIVE AFTER OR DURING AN ABORTION OR AN ATTEMPTED ABORTION IS LIABLE TO THE STATE FOR A CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED THOUSAND DOLLARS .
SEC.
THE ATTORNEY -2- HB20-1068 GENERAL MAY BRING A SUIT TO COLLECT THE PENALTY .N ADDITION TO THECIVILPENALTY ,THEATTORNEYGENERALMAYRECOVERREASONABLE ATTORNEY S FEES.
3.
HE CIVIL PENALTY DESCRIBED IN THIS SUBSECTION (3)(a)IS IN ADDITION TO ANY OTHER RECOVERY AUTHORIZED UNDER OTHER LAW .
BORN-ALIVE INFANTS PROTECTION.
(b) A PHYSICIAN OR HEALTH CARE PRACTITIONER WHO VIOLATES SUBSECTION (1) OF THIS SECTION BY FAILING TO PROVIDE THE APPROPRIATE MEDICAL TREATMENT TO A CHILD BORN ALIVE AFTER OR DURING AN ABORTION OR AN ATTEMPTED ABORTION COMMITS A CLASS 3 FELONY .
(a) Requirements Pertaining to Born-Alive Abortion Survivors.-- Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following:
(4)(a) APERSONWHOHASKNOWLEDGEOFAFAILURETOCOMPLY WITH THIS SECTION SHALL REPORT IT TO THE ATTORNEY GENERAL.
``Sec.
THE IDENTITY AND ANY PERSONALLY IDENTIFIABLE INFORMATION OF THE PERSON REPORTING THE FAILURE TO COMPLY WITH THIS SECTION IS CONFIDENTIAL .
1532.
(b) A PERSON WHO FAILS TO COMPLY WITH SUBSECTION (4)(aOF THIS SECTION COMMITS A CLASS1 MISDEMEANOR .
Requirements pertaining to born-alive abortion survivors ``(a) Requirements for Health Care Practitioners.--In the case of an abortion or attempted abortion that results in a child born alive (as defined in section 8 of title 1, United States Code (commonly known as the `Born-Alive Infants Protection Act')):
SECTION 2.
``(1) Degree of care required;
In Colorado Revised Statutes, 12-240-121, add (1)(gg) as follows:
immediate admission to a hospital.--Any health care practitioner present at the time the child is born alive shall-- ``(A) 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 other child born alive at the same gestational age;
12-240-121.
and ``(B) following the exercise of skill, care, and diligence required under subparagraph (A), ensure that the child born alive is immediately transported and admitted to a hospital.
Unprofessional conduct - definitions.
``(2) Mandatory reporting of violations.--A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of paragraph (1) shall immediately report the failure to an appropriate State or Federal law enforcement agency, or to both.
(1) "Unprofessional conduct" as used in this article 240 means:
``(b) Penalties.-- ``(1) In general.--Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both.
(gg) A CONVICTION FOR VIOLATING SECTION 12-240-146, REGARDING THE PHYSICIAN PATIENT RELATIONSHIP OF A CHILD BORN ALIVE AFTER OR DURING AN ABORTION .
``(2) Intentional killing of child born alive.--Whoever intentionally performs or attempts to perform an overt act that kills a child born alive described under subsection (a), shall be punished as under section 1111 of this title for intentionally killing or attempting to kill a human being.
SECTION 3.
``(c) Bar to Prosecution.--The mother of a child born alive described under subsection (a) may not be prosecuted under this section, for conspiracy to violate this section, or for an offense under section 3 or 4 of this title based on such a violation.
Potential appropriation.
``(d) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--If a child is born alive and there is a violation of subsection (a), the woman upon whom the abortion was performed or attempted may, in a civil action against any person who committed the violation, obtain appropriate relief.
Pursuant to section 2-2-703, C.R.S., any bill that results in a net increase in periods of imprisonmentinstatecorrectionalfacilitiesmustincludeanappropriation -3- HB20-1068 ofmoneythatissufficienttocoveranyincreasedcapitalconstruction,any operational costs, and increased parole costs that are the result of the bill for the department of corrections in each of the first five years following the effective date of the bill.
``(2) Appropriate relief.--Appropriate relief in a civil action under this subsection includes-- ``(A) objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of subsection (a);
Because this act may increase periods of imprisonment, this act may require a five-year appropriation.
``(B) statutory damages equal to 3 times the cost of the abortion or attempted abortion;
SECTION 4.
and ``(C) punitive damages.
Applicability.
``(3) Attorney's fee for plaintiff.--The court shall award a reasonable attorney's fee to a prevailing plaintiff in a civil action under this subsection.
This act applies to violations or offenses committed on or after the effective date of this act.
``(4) Attorney's fee for defendant.--If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff.
SECTION 5.
``(e) Definitions.--In this section the following definitions apply:
Safety clause.
``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant;
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The general assemblyherebyfinds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety.
or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability, to produce a live birth and preserve the life and health of the child born alive;
-4- HB20-1068
or ``(ii) to remove a dead unborn child.
``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.''.
(b) Clerical Amendment.--The table of sections for chapter 74 of title 18, United States Code, is amended by inserting after the item pertaining to section 1531 the following:
``1532.
Requirements pertaining to born-alive abortion survivors.''.
(c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''.
(2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''.
Passed the House of Representatives January 23, 2025.
Attest:
KEVIN F.
MCCUMBER, Clerk.