Vote Smart's Synopsis:

Vote to pass a bill that authorizes adopting the Montana Born Alive Infant Protection Act.

Highlights:

• Defines "born alive" as the complete expulsion or extraction from the mother of a human infant, at any stage of development, who, after expulsion or extraction, breathes, has a beating heart, or has a 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, induced abortion, or another method (Sec. 3-2).

• Alleges the state has a compelling interest in protecting the life of an infant born alive following an abortion and amends the law as follows (Sec. 2):

• An infant born alive is a legal person for all purposes under the laws of the state and is entitled to the protection of the laws, including the right to appropriate and reasonable medical care and treatment; and

• In the absence of proper legal protections, newly born infants who have survived abortions have been denied appropriate lifesaving or life-sustaining medical care and treatment and have been left to die.

• Requires a health care provider who is present at the time a born-alive infant is born to take all medically appropriate and reasonable actions to preserve the life and health of the infant (Sec. 4-2).

• Establishes a health care provider who purposely, knowingly, or negligently violates the above is guilty of a felony and upon conviction shall be fined an amount not to exceed $50,000, be imprisoned in state prison for a term not to exceed 20 years, or both (Sec. 5).

Full Bill Text