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Montana ‘Born-Alive Infant Protection Act’ (SB 354)

This law was last updated on May 10, 2019


This law is Anti–Choice Model Bill

State

Montana

Number

SB 354

Status

Vetoed

Proposed

Mar 22, 2019

Topics

Later Abortion

Full Bill Text

leg.mt.gov

SB 354 would require a health-care provider performing an abortion to take all medically appropriate and reasonable steps to preserve the life and health of a born-alive infant who is viable.

If an abortion performed in a hospital results in a live birth of a viable infant, the health-care provider would need to provide immediate medical care to the infant, inform the parent of the live birth, and request transfer of the infant to emergency care for medically appropriate and reasonable medical care and treatment to the infant.

If an abortion performed in a facility other than a hospital results in a live birth of a viable infant, the health-care provider would need to provide immediate medical care to the infant and call 9-1-1 for an emergency transfer to a hospital.

The bill would require a born-alive infant who is viable to be treated as a legal person under the laws of the state, with the same rights to medically appropriate and reasonable care and treatment.

The bill would prohibit a person from denying or depriving a viable, born-alive infant of nourishment with the intent to cause or allow the death of the infant for any reason.

The bill would prohibit a person from depriving a viable, born-alive infant of medically appropriate and reasonable medical care, medical treatment, or surgical care.

The bill would prohibit a person from using a viable, born-alive infant for any type of scientific research or other kind of experimentation except as necessary to protect or preserve the life and health of the born-alive infant.

A health-care provider who fails to provide medically appropriate and reasonable care and treatment to a viable, born-alive infant in the course of an abortion would be guilty of a felony—punishable by up to 20 years imprisonment and/or a fine of up to $50,000. The health-care provider would also have their medical license suspended.

A person who uses a viable, born-alive infant for any type of scientific research or other kind of experimentation would be guilty of a felony—punishable by up to 40 years imprisonment and a fine of up to $50,000.


Related Legislation

Based on model legislation drafted by Americans United for Life (AUL).


Latest Action

3/22/19 – Introduced.

4/1/19 – Passed the Senate in a 32-18 vote.

4/16/19 – Passed the House in a 54-43 vote.

5/8/19 – Vetoed by Democratic Gov. Steve Bullock.


People

Primary Sponsor

Organizations