Vote Smart's Synopsis:

Establishes protections for "infants born alive" after an abortion procedure.

Highlights:

• Establishes the Born Alive Infant Protection Act (Sec. 1, Pg. 1).

• Defines born alive as meaning any human infant expelled from a mother who can breathe, has a beating heart, or exhibits voluntary muscle movement, regardless of the means of expulsion (Sec. 3, Pg. 2).

• Requires an infant born alive, including after an abortion, to be treated as a legal person under the laws of the State, and be given medically appropriate and reasonable care (Sec. 4, Pg. 2).

• Requires a health care provider present at the time of an infant being born alive to take all appropriate and reasonable action to preserve the life and health of the infant (Sec. 4, Pg. 2).

• Specifies that health care providers who knowingly or negligently violate the above provision are guilty of a felony and subject to a fine no greater than $50,000 and imprisonment no longer than 20 years upon conviction (Sec. 5, Pg. 2).

• Requires health care providers, medical facilities, abortion clinics, and their employees to report to law enforcement any knowledge of the failure to comply with the above provisions (Sec. 6, Pgs. 2 & 3).

• Authorizes members of the Legislature to appoint by joint resolution any of the cosponsors of this act to intervene in any challenge of the constitutionality of this act (Sec. 8, Pg. 3).

• Specifies that if this bill is passed, it supersedes Montana House Bill 167 (Sec. 11, Pg. 3).

• Specifies that this act takes effect immediately upon passage and approval (Sec. 12, Pg. 3).

Full Bill Text