The New Jersey Born-Alive Abortion Survivors Protection Act establishes legal protections for infants born alive following an abortion or attempted abortion. The bill defines "born alive" as the complete expulsion or extraction of a member of the species homo sapiens who exhibits signs of life, such as breathing or a beating heart, regardless of the circumstances of the birth. It mandates that any health care professional present at the time of such a birth must provide the same level of care to the child as they would to any other newborn, ensuring immediate transport to a hospital for treatment. Violations of this requirement are classified as a crime of the third degree, punishable by three to five years in prison and/or fines up to $15,000.
Additionally, the bill stipulates that individuals who intentionally kill a child born alive after an abortion will face severe penalties under existing homicide laws, with potential sentences of 30 years to life imprisonment. Health care professionals and employees aware of non-compliance with the act must report it to law enforcement or face charges as a crime of the fourth degree. The mother of a child born alive under these circumstances is exempt from conspiracy charges and is granted the right to pursue civil action for damages against violators of the act.