The New Jersey Born-Alive Abortion Survivors Protection Act establishes legal protections for infants born alive following an abortion or attempted abortion. The bill mandates that any health care professional present at the time of the live birth must provide the same level of care and diligence to preserve the life and health of the child as they would for any other newborn at the same gestational age. Violations of this requirement are classified as a third-degree crime, punishable by three to five years of imprisonment and/or fines up to $15,000. Additionally, the bill stipulates that anyone who intentionally kills a child born alive after an abortion will face severe penalties under existing homicide laws, with potential sentences of 30 years to life imprisonment.

Furthermore, the bill requires health care professionals and employees who are aware of any non-compliance with these provisions to report it to the appropriate law enforcement agencies, or they may be charged with a fourth-degree crime, which carries penalties of up to 18 months in prison and/or fines up to $10,000. Importantly, the mother of a child born alive under these circumstances is exempt from conspiracy charges related to the act and is granted the right to pursue civil action for damages against violators, including claims for actual damages, equitable relief, and attorney's fees. The act is set to take effect immediately upon passage.