Two bills that would create and establish the "Born-Alive Abortion Survivors Protection Act" were met with some confusion and concern from lawmakers and overwhelming witness support at a Tuesday afternoon hearing.
House Bill 1593 and HB 1959 currently state a child born alive after or during an abortion or attempted abortion will have the same rights, privileges and immunities as any other live-born child, and any health care provider would use the same level of care that would be provided to any other child born alive at the same gestational age.
The two bills, HB 1593 sponsored by Rep. Sara Walsh, R-Ashland, and HB 1959 sponsored by Rep. Doug Richey, R-Excelsior Springs, will soon be combined into one bill with Walsh as the lead sponsor.
"President George W. Bush's 2002 Born Alive Infants Protection Act codified in federal law that a newborn, regardless of the circumstances of their birth, is to be legally recognized as a person from the moment of birth if he or she shows any sign of life," Walsh said. "However, this federal law did not provide any measures to enforce the protection of an infant who is born alive and to ensure that he or she receives medical care."
"This bill codifies in Missouri law that practitioners exercise professional skill, care and diligence to preserve the life and health of infants who survive abortion," she added.
Samuel Lee with Campaign Life Missouri, who was present in the drafting of the bill, said in a written testimony that "HB's 1593 and 1959 would update the current prohibition on intentionally killing a child born alive after an abortion, by updating the law to conform with Missouri's Criminal Code and giving family members an opportunity to file a wrongful death action against someone who unlawfully caused the child's death."
The summary of HB 1593 currently states that unlawful causes of death can include:
• Knowingly, recklessly, or negligently causing the death of a child born alive during or after an abortion or attempted abortion.
• Failure to comply with the health care provider standards of care described in this bill.
• Performing or inducing, or attempting to perform or induce, an unlawful abortion.
• Aiding or abetting another person to undergo a self-induced abortion or attempted self-induced abortion or to procure an unlawful abortion or attempted unlawful abortion.
• Making available any instrument, device, medicine, drug or any other means or substance for another person to undergo a self- induced abortion or attempted self-induced abortion or to procure an unlawful abortion or attempted unlawful abortion.
• Inciting, soliciting or otherwise using speech or writing as an integral part of conduct in violation of a valid criminal statute to influence another person to undergo a self-induced abortion or attempted self-induced abortion or to procure an unlawful abortion or attempted unlawful abortion.
Some of the representatives present at Tuesday's hearing shared their concerns over language used in the bill.
"We don't specifically, in this language, provide any kind of protections for the mother against liability, and I'm concerned that this could be read in such a way that would suggest that an injured child that survives an abortion might ultimately have a cause of action against the mother for attempting to induce the abortion, especially under the section: if it was an unlawful one," said Rep. Tony Lovasco, R-O'Fallon.
"I'm concerned that if we allow that language to remain ambiguous, we might be opening up a situation in which we're creating perverse incentive for the mother to make sure that the child doesn't survive, and I don't think we want to do that," he added.
Along with Campaign Life Missouri other pro-life advocates and Missourians came to share their support for the bill at Tuesday's hearing.
No in-person testimonies were made in opposition of the bill.
"This statute that is in existence was first passed in '74," Lee said. "It's an update to what has been on the books."
Tuesday's public hearing was the first held by the House Subcommittee on Government Oversight discussing HB 1593 and HB 1959.
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NoneHB 1593: Born-Alive Abortion Survivors Protection Act
https://bit.ly/36j1Ojx
Sponsor: Rep. Sara Walsh
HB 1959: Abortion Survivors Protection Act
https://bit.ly/3sIewQu
Sponsor: Rep. Doug Richey