67th Legislature HB 167

AN ACT ADOPTING THE BORN-ALIVE INFANT PROTECTION ACT; PROVIDING THAT INFANTS BORN

ALIVE, INCLUDING INFANTS BORN ALIVE AFTER AN ABORTION, ARE LEGAL PERSONS; REQUIRING

HEALTH CARE PROVIDERS TO TAKE NECESSARY ACTIONS TO PRESERVE THE LIFE OF A BORN-

ALIVE INFANT; PROVIDING A PENALTY; PROVIDING THAT THE PROPOSED ACT BE SUBMITTED TO

THE QUALIFIED ELECTORS OF MONTANA; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Short title. [Sections 1 through 8] may be cited as the "Born-Alive Infant Protection Act".

Section 2. Findings -- purpose. (1) The state asserts a compelling interest in protecting the life of

any infant born alive following an abortion.

(2) An infant born alive is a legal person for all purposes under the laws of the state and is entitled to

the protections of the laws, including the right to appropriate and reasonable medical care and treatment.

(3) In the absence of proper legal protections, newly born infants who have survived abortions have

been denied appropriate lifesaving or life-sustaining medical care and treatment and have been left to die.

Section 3. Definitions. As used in [sections 1 through 8], the following definitions apply:

(1) "Abortion clinic" means any health care provider who performs any surgical abortion procedure or

provides a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the

clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable

likelihood cause the death of the unborn child. This includes the off-label use of drugs that are known to have

abortion-inducing properties and are prescribed specifically with the intent of causing an abortion, such as

misoprostol and methotrexate, but excludes drugs that may be known to cause an abortion but are prescribed

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for other medical indications.

(2) "Born alive" means the complete expulsion or extraction from the mother of a human infant, at any

stage of development, who, after expulsion or extraction, breathes, has a beating heart, or has definite

movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of

whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, induced

abortion, or another method.

(3) "Health care provider" means an individual who may be asked to participate in any way in a health

care service or procedure, including but not limited to a physician, physician’s assistant, nurse, nurse’s aide,

medical assistant, hospital employee, medical facility employee, or abortion clinic employee.

(4) "Medical facility" means a public or private hospital, clinic, center, medical school, medical training

institute, health care facility, physician’s office, infirmary, dispensary, ambulatory surgical treatment center, or

other institution or location in which medical care or treatment is provided to any person.

Section 4. Born-alive infant protection. (1) A born-alive infant, including an infant born in the

course of an abortion, must be treated as a legal person under the laws of the state, with the same rights to

medically appropriate and reasonable care and treatment.

(2) A health care provider who is present at the time a born-alive infant is born shall take all medically

appropriate and reasonable actions to preserve the life and health of the infant.

Section 5. Criminal penalties. (1) A health care provider who purposely, knowingly, or negligently

violates [section 4] is guilty of a felony and upon conviction shall be fined an amount not to exceed $50,000, be

imprisoned in a state prison for a term not to exceed 20 years, or both.

(2) For the purposes of this section, "purposely", "knowingly", and "negligently" have the meanings

provided in 45-2-101.

Section 6. Mandatory reporting. A health care provider, medical facility, abortion clinic, or employee

or volunteer of a medical facility or abortion clinic that has knowledge of a failure to comply with the

requirements of [section 4] shall immediately report the failure to law enforcement.

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Section 7. Construction. [Sections 1 through 8] may not be construed as any indication that other

state laws protecting children do not apply to infants born alive during an abortion.

Section 8. Right of intervention. The legislature, by joint resolution, may appoint one or more of its

members, who sponsored or cosponsored [sections 1 through 8] in the member's official capacity, to intervene

as a matter of right in any case in which the constitutionality of [sections 1 through 8] is challenged.

Section 9. Codification instruction. [Sections 1 through 8] are intended to be codified as a new part

in Title 50, chapter 20, and the provisions of Title 50, chapter 20, apply to [sections 1 through 8].

Section 10. Severability. If a part of [this act] is invalid, all valid parts that are severable from the

invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in

effect in all valid applications that are severable from the invalid applications.

Section 11. Effective date. If approved by the electorate, [this act] is effective January 1, 2023.

Section 12. Submission to electorate. [This act] shall be submitted to the qualified electors of

Montana at the general election to be held in November 2022 by printing on the ballot the full title of [this act]

and the following:

[] YES on Legislative Referendum ____.

[] NO on Legislative Referendum ____.

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I hereby certify that the within bill,

HB 167, originated in the House.

___________________________________________

Chief Clerk of the House

___________________________________________

Speaker of the House

Signed this _______________________________day

of____________________________________, 2021.

___________________________________________

President of the Senate

Signed this _______________________________day

INTRODUCED BY M. REGIER, J. GILLETTE

AN ACT ADOPTING THE BORN-ALIVE INFANT PROTECTION ACT; PROVIDING THAT INFANTS BORN

ALIVE, INCLUDING INFANTS BORN ALIVE AFTER AN ABORTION, ARE LEGAL PERSONS; REQUIRING

HEALTH CARE PROVIDERS TO TAKE NECESSARY ACTIONS TO PRESERVE THE LIFE OF A BORN-ALIVE

INFANT; PROVIDING A PENALTY; PROVIDING THAT THE PROPOSED ACT BE SUBMITTED TO THE

QUALIFIED ELECTORS OF MONTANA; AND PROVIDING AN EFFECTIVE DATE.