New Jersey ‘Born-Alive Abortion Survivors Protection Act’ (A 5287)
This law was last updated on Aug 20, 2019
A 5287 would require a health-care practitioner to provide the same degree of care to a child born alive during an attempted abortion as they would render to any other child born alive at the same gestational age.
Requirements for Health-Care Practitioners
If an attempted abortion results in a child born alive, any health-care practitioner present at the time would be required to do all of the following:
- Exercise the same degree of care 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
- Ensure that the child born alive is immediately transported and admitted to a hospital.
A person who violates this provision would be guilty of a crime of the third degree—punishable by three to five years imprisonment, a fine of up to $15,000, or both.
Unlawful Killing of a Child Born Alive
Any person who intentionally performs or attempts to perform an overt act that kills a child born alive following an abortion or attempted abortion would be punished for murder, punishable by 30 years to life in prison.
A health-care practitioner who has knowledge of a failure to comply with the health-care practitioner requirements would be required to report the failure to an appropriate state or federal law enforcement agency, or both.
A person who violates this provision would be guilty of a crime of the fourth degree—punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both.
The bill provides that the mother of a child born alive following an abortion or attempted abortion is not to be guilty of conspiracy to commit a crime under the bill’s provisions.
Based on model legislation drafted by Americans United for Life (AUL).
Companion bill to S 3905.
5/13/19 – Introduced; referred to Assembly Women and Children Committee.
- Americans United for Life — Drafted Model Law