A health care provider or employee of a hospital, physician's office, or abortion clinic who has knowledge of a violation of the provisions of this act shall immediately report such violation to law enforcement or face imprisonment or a fine. Any person who knowingly performs or attempts to perform an overt act that kills a child born alive shall be guilty of first-degree murder.

A person shall be civilly liable under this act when he or she: (1) knowingly, recklessly, or negligently causes the death of a child born alive during or after an abortion or attempted abortion; (2) knowingly fails to comply with the health care provider standards of care described in this act; (3) knowingly performs or induces, or attempts to perform or induce, an unlawful abortion; (4) knowingly, recklessly, or negligently supplies or makes 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; or (5) knowingly incites, solicits, or otherwise uses 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.

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: (1) a person upon whom an unlawful abortion or attempted unlawful abortion was performed or induced; (2) a person who underwent a self-induced abortion or attempted self-induced abortion or who procured an unlawful abortion or attempted unlawful abortion; (3) a child who was born alive during or after an abortion or attempted abortion; or (4) an unborn child. In a cause of action for wrongful death, the spouse, partner, parents, siblings, and children of the deceased person shall be entitled to bring the action and receive damages, attorney fees, and other costs as described in the act. A defendant shall 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.

This act is identical to HCS/HBs 195 & 1119 (2025), substantially similar to SB 702 (2025), SCS/SB 753 (2022), provisions in SCS/HCS/HB 2012 (2022), HCS/HBs 1593 & 1959 (2022), SB 168 (2021), and SB 665 (2020), and similar to SB 388 (2019).

SARAH HASKINS