Read the full stored bill text
A218
ASSEMBLY, No. 218
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
Assemblyman PAUL KANITRA
District 10 (Monmouth and Ocean)
Co-Sponsored by:
Assemblymen Myhre, Peterson, McGuckin and Inganamort
SYNOPSIS
���� Establishes "New Jersey Born-Alive Abortion
Survivors Protection Act."
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning protections for abortion survivors and
supplementing Title 2C of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� This act shall be known
and may be cited as the �New Jersey Born-Alive Abortion Survivors Protection
Act.��
���� 2.��� As used in this act:
���� �Abortion� means the use or
prescription of any instrument, medicine, drug, or any other substance, device,
or method to intentionally kill the unborn child of a woman known to be
pregnant or to intentionally terminate the pregnancy of a woman known to be
pregnant with an intention other than: after viability, to produce a live birth
and preserve the life and health of the child born alive; or to remove a dead
unborn child.
���� �Attempted abortion� means
conduct taken by a person that the person believes will constitute a
substantial step in a course of conduct planned to culminate in performing an
abortion.
���� �Born alive,� with respect to
a member of the species homo sapiens, means the complete expulsion or
extraction from his or her mother of that member, at any stage of development,
who after such expulsion or extraction breathes or has a beating heart,
pulsation of the umbilical cord, or definite movement of voluntary muscles,
regardless of whether the umbilical cord has been cut, and regardless of
whether the expulsion or extraction occurs as a result of natural or induced
labor, cesarean section, or induced abortion.
���� �Health care professional�
means an individual licensed by this State to administer health care in the
ordinary course of business or practice of a profession.
���� 3.��� The Legislature finds
and declares that:
���� a.���� If an abortion or
attempted abortion results in the live birth of an infant, the infant is a
legal person for all purposes under the laws of New Jersey, and is entitled to
all protections afforded under State law.
���� b.��� Any infant born alive
after an abortion or within a licensed hospital, clinic or other facility,
including a licensed ambulatory care facility, has an identical claim to the
protection of the law that would arise for any newborn, or for any person who
comes to a licensed hospital, clinic, or other facility, including a licensed
ambulatory care facility, for screening and treatment or otherwise becomes a
patient within its care.
���� 4.��� a.�� (1)�� If an
abortion or attempted abortion results in a child born alive, any health care
professional present at the time the child is born alive 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 health care
professional would render to any other child born alive at the same gestational
age, and ensure that the child is immediately transported and admitted to a
hospital for treatment.�
A
person who violates the provisions of this paragraph shall be guilty of a crime
of the third degree.
A crime of the third degree is punishable by three
to five years imprisonment, a fine of up to $15,000, or both.�
���� (2)�� A person who
intentionally performs or
attempts to perform an overt act that kills a child born alive following an
abortion or attempted abortion shall be guilty of violating N.J.S.2C:11-3. A
violation of N.J.S.2C:11-3 is punishable by 30 years to life imprisonment.
���� b.��� A health care
professional and any employee of a hospital, physician�s office, an abortion
clinic, or any licensed facility who has knowledge of a failure to comply with
the requirements of this act shall immediately report the failure to an
appropriate State or federal law enforcement agency or both.�
A person who violates this subsection
shall be guilty of a crime of the fourth degree
. �A crime of the fourth
degree is punishable by imprisonment for up to 18 months, a fine of up to
$10,000, or both.�
���� c.���� The mother of a child
born alive following an abortion or attempted abortion as provided in paragraph
(1) of subsection a. of this section, shall not be guilty of conspiracy to
commit a crime under the provision of this act.
���� d.��� The mother of a child
born alive following an abortion or attempted abortion as provided in paragraph
(1) of subsection a. of this section may bring a civil action against any
violator of the provisions of this act for damages, including actual damages,
equitable relief, and reasonable attorney's fees and court costs.� Punitive
damages may be awarded when the violation evidences wantonly reckless or
intentionally malicious conduct by the person or entity who committed the
violation.
���� 5.��� This act shall take
effect immediately.
STATEMENT
���� This bill establishes the �New
Jersey Born-Alive Abortion Survivors Protection Act.��
���� Under the bill, if an abortion
or attempted abortion results in a child born alive, any health care
professional present at the time the child is born alive is to 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 health care
professional would render to any other child born alive at the same gestational
age, and ensure that the child is immediately transported and admitted to a
hospital for treatment.� A person who violates the above provisions is to be
guilty of a crime of the third degree.� A crime of the third degree is
punishable by three to five years imprisonment, a fine of up to $15,000, or
both.�
���� Under the bill, �born alive,�
with respect to a member of the species homo sapiens, means the complete
expulsion or extraction from his or her mother of that member, at any stage of
development, who after such expulsion or extraction breathes or has a beating
heart, pulsation of the umbilical cord, or definite movement of voluntary
muscles, regardless of whether the umbilical cord has been cut, and regardless
of whether the expulsion or extraction occurs as a result of natural or induced
labor, cesarean section, or induced abortion.
���� The bill provides that a
person who intentionally performs or attempts to perform an overt act that
kills a child born alive following an abortion or attempted abortion is to be
guilty of violating N.J.S.2C:11-3. A violation of N.J.S.2C:11-3 is punishable
by 30 years to life imprisonment.
���� Under the bill, a health care
professional and any employee who has knowledge of a failure to comply with the
requirements of this bill�s provisions is to immediately report the failure to
an appropriate State or federal law enforcement agency or both or be guilty of
a crime of the fourth degree.� A crime of the fourth degree is punishable by
imprisonment for up to 18 months, a fine of up to $10,000, or both.�
���� The bill provides that the
mother of a child born alive following an abortion or attempted abortion is not
to be guilty of conspiracy to commit a crime under the bill�s provisions.�
Further, the mother of the child born alive may bring a civil action for
damages against any violator of the provisions of this bill.