SB 388 - This act creates the "Born-Alive Abortion Survivors Protection Act". Under this act, a person who knowingly causes the death of a child who was born alive during or immediately after an attempted abortion shall be guilty of murder in the second degree. A person who recklessly causes the death of a child who was born alive during or immediately after an attempted abortion shall be guilty of involuntary manslaughter in the first degree. A person who, with criminal negligence, causes the death of a child who was born alive during or immediately after an attempted abortion shall be guilty of involuntary manslaughter. Finally, this act permits parents and siblings of a deceased or unborn child to bring a wrongful death action against a person who unlawfully performs or induces or attempts to perform or induce an abortion, with potential damages specified in the act.

SARAH HASKINS

Statutes affected:
Introduced (1918S.01): 188.035