Vote Smart's Synopsis:

Vote to pass a bill that establishes protections for infants born alive.

Highlights:

• Defines “born alive” as the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion (Sec. 2.a-3).

• Alleges the General Assembly makes the following findings (Sec. 2.a-90-21.141):

• If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of North Carolina and entitled to all the protections of such laws; and

• 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.

• Specifies in the case of an abortion or an attempt to perform an abortion that results in a child born alive, any health care practitioner present at the time the child is born alive must do all of the following (Sec. 2.a-90-21.142):

• 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; and

• Following the exercise of skill, care, and diligence required, ensure that the child born alive is immediately transported and admitted to a hospital.

• Requires 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 to immediately report the failure to comply to an appropriate State or federal law enforcement agency, or both (Sec. 2.a-90-21.143).

• Establishes any person who intentionally performs or attempts to perform an overt act that kills a child born alive will be punished for murder (Sec. 2.a-90-21.145.b).

• Specifies if a child is born alive and there is a violation of this Article, a claim for damages against any person who has violated a provision of this Article may be sought by the woman upon whom an abortion was performed or attempted in violation of this Article. A claim for damages may include any one or more of the following (Sec. 2.a-90-21.146):

• Objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of this Article;

• Statutory damages equal to three times the cost of the abortion or attempted abortion; and

• Punitive damages pursuant to Chapter 1D of the General Statutes.

• Establishes it constitutes murder where a child (Sec. 2.b):

• is born alive but dies as a result of injuries inflicted prior to the child being born alive; or 

• Dies as a result of an intentional, overt act performed after the child is born alive.

Full Bill Text