AN ACT RELATING TO CRIMINAL OFFENSES -- CHILDREN (Criminalizes the knowing and intentional failure of a physician, nurse, or other licensed medical person to provide reasonable medical care and treatment to an infant born alive as a felony.)

S2478

2026 -- S 2478
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LC003337
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL OFFENSES -- CHILDREN

Introduced By:
Senators E Morgan, and de la Cruz

Date Introduced:
February 06, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by
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adding thereto the following section:
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11-9-22. Care of babies born preterm.

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(a) Except as provided in subsection (b) of this section, any physician, nurse, or other
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licensed medical person who knowingly and intentionally fails to provide reasonable medical care
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and treatment to an infant born alive, as described in subsection (c) of this section, shall:
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(1) Be guilty of a felony and upon conviction shall be fined not exceeding five thousand
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dollars ($5,000), or imprisoned not exceeding five (5) years, or both; and
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(2) If, as a result of that failure, the infant dies, shall be guilty of the crime of manslaughter.
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(b) The requirements of this section shall not be construed to prevent an infant's parent(s)
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or guardian(s) from refusing to give consent to medical treatment or care which is not medically
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necessary or reasonable, including care or treatment which either:
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(1) Is not necessary to save the life of the infant;
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(2) Has a potential risk to the infant's life or health that outweighs the potential benefit to
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the infant of the treatment or care; or
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(3) Is treatment that will do no more than temporarily prolong the act of dying when death
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is imminent.
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(c) As used in this section, the term "born alive," with respect to a member of the species
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homo sapiens, means the complete expulsion or extraction from the mother of that member, at any

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stage of development, who after such expulsion or extraction breathes or has a beating heart,
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pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether
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the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a
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result of natural or induced labor, cesarean section, or by any other means.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL OFFENSES -- CHILDREN
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This act would criminalize the knowing and intentional failure of a physician, nurse, or
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other licensed medical person to provide reasonable medical care and treatment to an infant born
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alive as a felony. If the infant dies as a result of that failure to provide reasonable care, the medical
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person would be guilty of manslaughter.
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This act would take effect upon passage.
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LC003337
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