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SECOND REGULAR SESSION
HOUSE BILL NO. 2294
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE JONES (88).
4669H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 188.035, RSMo, and to enact in lieu thereof one new section relating to
abortion, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 188.035, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 188.035, to read as follows:
188.035. [ Whoever , with intent to do so, shall take the life of a child aborted alive,
2 shall be guilty of murder of the second degree. ] 1. This section shall be known and may be
3 cited as the "Born-Alive Abortion Survivors Pr otection Act".
4 2. A child born alive during or after an abortion or an attempted abortion shall
5 have all the rights, privileges, and immunities available to other persons, citizens, and
6 r esidents of this state, including any other liveborn child.
7 3. Any health car e prov ider licensed, registe red, or certified in this state who is
8 pr esent at the time a child is born alive during or after an abortion or attempted
9 abortion shall:
10 (1) Exer cise the same degree of profes sional skill, care, and diligence to pr eserve
11 the life and health of the child as a reas onably diligent and conscientious health car e
12 pr ovider would ren der to any other child born alive at the same gestational age; and
13 (2) Ensur e that the child born alive is immediately transported and admitted to a
14 hospital following the exercise of skill, car e, and diligence req uired under subdivision (1)
15 of this subsection.
16 4. (1) A health car e pr ovider or employee of a hospital, a physician's office, or
17 an abortion clinic who has knowledge of a violation of subsection 3 of this section shall
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 immediately repo rt such violation to an appr opriate state or federal law enforce ment
19 agency . Any such person who fails to repo rt a violation shall, upon conviction, be
20 punished by imprisonment of not mor e than five years or by fine of not less than two
21 thousand five hundr ed dollars but not mor e than ten thousand dollars or by both such
22 imprisonment and fine.
23 (2) Any person who knowingly performs or attempts to perform an overt act
24 that kills a child born alive described under subsection 3 of this section shall be guilty of
25 first degr ee murder under section 565.020.
26 5. In addition to any criminal or administrative liability which may be incurr ed,
27 a person shall be civilly liable when he or she:
28 (1) Knowingly , rec klessly , or negligently causes the death of a child who is born
29 alive during or after an abortion or an attempted abortion;
30 (2) Knowingly fails to comply with any of the pr ovisions of subsection 3 of this
31 section if the person is a health car e pr ovider subject to such provi sions;
32 (3) Knowingly performs or induces, or attempts to perform or induce, an
33 unlawful abortion upon another person;
34 (4) Knowingly , reckless ly , or negligently supplies or makes available any
35 instrument, device, medicine, drug, or any other means or substance for another person
36 to undergo a self-induced abortion or attempted self-induced abortion or to pr ocur e an
37 unlawful abortion or attempted unlawful abortion; or
38 (5) Knowingly incites, solicits, or otherwise uses speech or writing as an integral
39 part of conduct in violation of a valid criminal statute to influence another person to
40 undergo a self-induced abortion or attempted self-induced abortion or to pr ocure an
41 unlawful abortion or attempted unlawful abortion.
42 6. If injury or death arises out of or res ults fr om any circums tance under
43 subsection 5 of this section to any of the following persons, including:
44 (1) A person upon whom the unlawful abortion or attempted unlawful abortion
45 was performed or induced;
46 (2) A person who underwent a self-induced abortion or attempted self-induced
47 abortion or who pr ocur ed an unlawful abortion or attempted unlawful abortion;
48 (3) A child who was born alive during or after an abortion or attempted
49 abortion; or
50 (4) An unborn child,
51
52 then a cause of action for personal injury , bodily injury , or wr ongful death may be
53 br ought. In a cause of action for wrong ful death, the spouse, partner , paren ts, siblings,
54 and children of the deceased person shall be entitled to bring the action. Damages for
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55 injury or death may be r ecovered for , including, but not limited to, any damages
56 described in chapters 537 and 538 that are applicable; loss of futur e fertility; loss of love
57 and companionship of the spouse, partner , par ent, child, unborn child, or sibling; and
58 for injury to or destruction of the spouse, partner , par ent, child, unborn child, or sibling
59 r elationship in such amount as, under all the cir cumstances of the case, may be just.
60 The court shall also award a pr evailing plaintiff reas onable attorney's fees and litigation
61 costs, including, but not limited to, expert witness fees and expenses as part of the costs.
62 A defendant shall not be permitted to plead or pro ve as a defense that the plaintiff or
63 deceased person assumed the risk of undergoing, or consented to undergo, a self-
64 induced abortion or attempted self-induced abortion or that the plaintiff or deceased
65 person assumed the risk of pr ocuring, or consented to procu re, an unlawful abortion or
66 attempted unlawful abortion. The fact that a plaintiff or deceased person consented to
67 undergo a self-induced abortion or attempted self-induced abortion or to pr ocure an
68 unlawful abortion or attempted unlawful abortion shall not, in and of itself, be
69 consider ed evidence of contributory or comparative negligence. Any exculpatory
70 agr eement between or among parties that is rela ted to undergoing a self-induced
71 abortion or attempted self-induced abortion or to procu ring an unlawful abortion or
72 attempted unlawful abortion shall be against public policy and shall be void.
73 7. The natural and spontaneous loss of an unborn child before fetal viability
74 shall not be construed to be an abortion, as such term is defined in section 188.015.
✔
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