SB 118-40: Literally Infanticide Act - Passed

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Literally Infanticide Act

1. Any human child born alive during or after an abortion or attempted abortion shall have the same rights, privileges, and immunities as any other person, citizen, and resident of the Republic of Atlasia, including any other live-born child.

2. It shall be a felony punishable by imprisonment for no more than five (5) years and a fine of $25,000.00 for any licensed, registered, or certified health care provider to knowingly, recklessly, or negligently cause the death of a child born alive during or after an abortion or attempted abortion. Further, such provider shall be ineligible to receive federal reimbursement funds or participate as a provider in federal healthcare programs for no less than five (5) years.

3. Any licensed, registered, or certified health care provider present at the time a child is born alive during or after an abortion or attempted abortion shall exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious provider would render to any other child born alive at the same gestational age or fetal weight, as well as ensure that the child is transported and admitted to a hospital following such care if necessary.

4. A person shall be civilly liable under this act when he or she:

A. knowingly, recklessly, or negligently causes the death of a child born alive during or after an abortion or attempted abortion; or

B. knowingly fails to comply with the health care provider standards of care described in this act.

5. A cause of action for personal injury, bodily injury, or wrongful death may be brought if injury or death arises out of or results from any of these circumstances to:

A. a person upon whom an unlawful abortion or attempted unlawful abortion was performed or induced;

B. a person who underwent a self-induced abortion or attempted self-induced abortion or who procured an unlawful abortion or attempted unlawful abortion;

C. a child who was born alive during or after an abortion or attempted abortion; or

D. an unborn child.

6. In a cause of action for wrongful death, the spouse, partner, parents, and children of the deceased person, child, or unborn child shall be entitled to bring the action and receive damages, attorney fees, and other costs as described in the act.

7. A defendant may not plead or prove a defense that the plaintiff or deceased person assumed or otherwise consented to certain risks involving self-induced or unlawful abortions or attempted self-induced or unlawful abortions.

8. No person shall maintain a cause of action or receive an award of damages under this act if the person engaged in criminal conduct, domestic violence, or sexual assault that caused the pregnancy, or who is a family or household member who aided or abetted in the criminal conduct, domestic violence, or sexual assault.

9. This act shall take effect ten (10) days from the date of enactment.

Sponsor: Fhtagn
Occupying: Slot 14

[Pyro]

As is the case for all "born alive" rhetoric, this is manipulative, anti-abortion propaganda designed to feed into the notion that the doctors who perform abortions are vile monsters. There is literally no such thing as a post-birth abortion. The law as-is already stipulates that killing babies after they have been born is homicide. The point of this bill is to sow fear and disinformation over an extremely safe medical procedure and, by introducing criminal penalties for medical professionals, make it more burdensome for doctors to go into the reproductive healthcare field.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

It is true that an overt act to kill a baby who has departed the womb is illegal, however what is often technically legal (or at least not always appropriately prosecuted) is casually neglecting a  baby who is born after a botched abortion or is otherwise unwanted, thus allowing Death to occur. In RL, Virginia Gov. Ralph Northam was famous for essentially endorsing such practices.

The bill does not restrict abortion and is simply limited to protecting all who depart the womb alive.

[Pyro]

It is true that an overt act to kill a baby who has departed the womb is illegal, however what is often technically legal (or at least not always appropriately prosecuted) is casually neglecting a  baby who is born after a botched abortion or is otherwise unwanted, thus allowing Death to occur. In RL, Virginia Gov. Ralph Northam was famous for essentially endorsing such practices.

The bill does not restrict abortion and is simply limited to protecting all who depart the womb alive.

Doctors do not casually neglect babies, and again the ideas purported in this bill are counterfactual. It is fine if your position is that of opposing abortion, but as you say the act of killing a live child is already considered homicide. The law as it stands is sufficient in this regard. The Northam quote about (exceptionally rare) third-trimester abortions was also famously taken out-of-context, though he was always a terrible messenger.

Motion to table.

[fhtagn]

Objecting to the motion to table.

It's clear from previous debates the Senator vehemently against this bill is not very well educated on medical practices and would rather grandstand by parroting meaningless, often debunked talking points to pretend he cares about women and their children.

[Vice President Christian Man]

Also objecting to a motion to table. This is a reasonable bill meant to protect babies who are injured by botched abortion attempts.

[P. Clodius Pulcher did nothing wrong]

It's already illegal to kill people. Second motion to table

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

A vote is open on Tabling.

Nay

[Vice President Christian Man]

Nay

[P. Clodius Pulcher did nothing wrong]

Aye

[Pyro]

Aye

[At-Large Senator LouisvilleThunder]

Nay

[reagente]

Nay

[fhtagn]

Nay

[LAKISYLVANIA]

Aye

[Joseph Cao]

Nay.

[RFayette]

Nay.

[Coastal Elitist]

Nay

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Nay

[ChiefFireWaterMike]

Nay

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Tabling fails 3-10-0-4.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

motion for a final vote

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

A final vote is beginning.

Aye

[reagente]

Aye

[RFayette]

Aye