House Receives Abortion Survival Protection Act from the Senate

Raleigh, N.C. – The N.C. Senate has sent Senate Bill 405 “Born-Alive Abortion Survivors Protection Act.” to the N.C. House of Representatives for a concurrence vote.

S405 would require medical providers to employ the same duty of care for children born alive after attempted abortions that they would for any other child of the same gestational age. It would also create criminal penalties for medical providers who fail to exercise that duty of care or who fail to report another medical provider’s failure to employ that duty of care to the appropriate authorities. Finally, it would make civil remedies available, and clarify that an intentional, overt act that kills a child born alive after an attempted abortion is punishable as murder.

This legislation is a rebirth of Senate Bill 359, which was filed during the 2019-2020 Legislative session but was vetoed by Governor Cooper. The N.C. House attempted to override the veto of the Governor, however two Democrat members who had originally supported the bill caved to pressure from their party, switched their votes against the legislation, and blocked the veto override.

“It was a sad day for North Carolina when House Democrats blocked the veto override last session. This bill would have simply required a child born after a botched abortion to receive medical care. The Democratic Party has completely sold out to left-wing extremism” said Representative Destin Hall. “It is my hope that we will be able to get this bill past the Governor’s impending veto this session. I thank my colleagues in the Senate for their unending fight to protect the lives of the innocent.”

The N.C. House will take up this bill in the upcoming weeks.

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