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HR 26 118th Congress House Crime and Law Enforcement Abortion Civil actions and liability Criminal investigation, prosecution, interrogation Health personnel Legal fees and court costs Medical ethics Violent crime

Born-Alive Abortion Survivors Protection Act

Introduced: January 9, 2023 Introduced by: Wagner, Ann Republican · Missouri See on congress.gov
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This bill died when the 118th Congress ended
It never became law before the 118th Congress (2023–2024) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 14 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jan 25, 2023
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.
Jan 23, 2023
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Jan 11, 2023
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 26, the Chair put the question on passage of the motion to recommit and by voice vote, announced that the nays had prevailed. Ms. DeGette demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Jan 11, 2023
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
Jan 11, 2023
On motion to recommit Failed by the Yeas and Nays: 212 - 219 (Roll no. 28).
Jan 11, 2023
Motion to reconsider laid on the table Agreed to without objection.
Jan 11, 2023
DEBATE - The House proceeded with one hour of debate on H.R. 26.
Jan 11, 2023
Considered under the provisions of rule H. Res. 5. (consideration: CR H178-190)
Jan 11, 2023
Considered as unfinished business. (consideration: CR H190-191)
Jan 11, 2023
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
Jan 11, 2023
Ms. DeGette moved to recommit to the Committee on the Judiciary. (text: CR H187-190)
Jan 11, 2023
The previous question was ordered pursuant to the rule.
Jan 9, 2023
Introduced in House
Jan 9, 2023
Referred to the House Committee on the Judiciary.
 Votes taken on this bill 2
DateChamberWhat was voted onResultYes–No
Jan 11, 2023 House · vote #29 On Passage Passed 220–210 See who voted →
Jan 11, 2023 House · vote #28 On Motion to Recommit Failed 212–219 See who voted →
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 Plain-English summary Congressional Research Service

Born-Alive Abortion Survivors Protection Act

This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion.

Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement.

A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both.

An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder.

The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.

What's happening now January 25, 2023

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.

 Related & companion bills 2
  • S 204 Related bill Born-Alive Abortion Survivors Protection Act
  • HRES 5 Related bill Adopting the Rules of the House of Representatives for the One Hundred Eighteenth Congress, and for other purposes.
 Bill text 4 versions

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
 Cosponsors 166
All 166 Republican 142
R
Alford, Mark
Missouri · Jan 10, 2023
 R
Burlison, Eric
Missouri · Jan 10, 2023
 R
Franklin, Scott
Florida · Jan 10, 2023
Granger, Kay
· Jan 10, 2023
 R
Hageman, Harriet M.
Wyoming · Jan 10, 2023
 R
Hill, J. French
Arkansas · Jan 10, 2023
 R
Hunt, Wesley
Texas · Jan 10, 2023
 R
Kelly, Trent
Mississippi · Jan 10, 2023
 R
Luttrell, Morgan
Texas · Jan 10, 2023
 R
Moran, Nathaniel
Texas · Jan 10, 2023
 R
Norman, Ralph
South Carolina · Jan 10, 2023
 R
Ogles, Andrew
Tennessee · Jan 10, 2023
 R
Owens, Burgess
Utah · Jan 10, 2023
Rodgers, Cathy
· Jan 10, 2023
 R
Rouzer, David
North Carolina · Jan 10, 2023
 R
Van Orden, Derrick
Wisconsin · Jan 10, 2023
 R
Yakym, Rudy
Indiana · Jan 10, 2023
 R
Aderholt, Robert B.
Alabama · Jan 9, 2023
 R
Allen, Rick W.
Georgia · Jan 9, 2023
 R
Amodei, Mark E.
Nevada · Jan 9, 2023
Armstrong, Kelly
· Jan 9, 2023
 R
Arrington, Jodey C.
Texas · Jan 9, 2023
 R
Babin, Brian
Texas · Jan 9, 2023
 R
Bacon, Don
Nebraska · Jan 9, 2023
 R
Balderson, Troy
Ohio · Jan 9, 2023
 R
Banks, Jim
Indiana · Jan 9, 2023
 R
Barr, Andy
Kentucky · Jan 9, 2023
 R
Bergman, Jack
Michigan · Jan 9, 2023
 R
Bice, Stephanie I.
Oklahoma · Jan 9, 2023
 R
Biggs, Andy
Arizona · Jan 9, 2023
 R
Bilirakis, Gus M.
Florida · Jan 9, 2023
Bishop, Dan
· Jan 9, 2023
 R
Boebert, Lauren
Colorado · Jan 9, 2023
 R
Bost, Mike
Illinois · Jan 9, 2023
 R
Brecheen, Josh
Oklahoma · Jan 9, 2023
 R
Buchanan, Vern
Florida · Jan 9, 2023
Buck, Ken
· Jan 9, 2023
Bucshon, Larry
· Jan 9, 2023
 R
Burchett, Tim
Tennessee · Jan 9, 2023
Burgess, Michael
· Jan 9, 2023
 R
Calvert, Ken
California · Jan 9, 2023
 R
Cammack, Kat
Florida · Jan 9, 2023
Carl, Jerry
· Jan 9, 2023
 R
Carter, Earl L. "Buddy"
Georgia · Jan 9, 2023
 R
Cline, Ben
Virginia · Jan 9, 2023
 R
Cloud, Michael
Texas · Jan 9, 2023
 R
Clyde, Andrew S.
Georgia · Jan 9, 2023
 R
Cole, Tom
Oklahoma · Jan 9, 2023
 R
Comer, James
Kentucky · Jan 9, 2023
 R
Crenshaw, Dan
Texas · Jan 9, 2023
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Cite this page click to expand
APA
U.S. Congress. (2026). H.R. 26: Born-Alive Abortion Survivors Protection Act. 118th Congress. Open America. https://openamerica.io/bill/118-HR-26/
MLA
"H.R. 26: Born-Alive Abortion Survivors Protection Act." 118th Congress, 2026, Open America, https://openamerica.io/bill/118-HR-26/.
Bluebook (legal)
H.R. 26, 118th Cong. (2026), https://openamerica.io/bill/118-HR-26/.
Markdown link
[H.R. 26: Born-Alive Abortion Survivors Protection Act](https://openamerica.io/bill/118-HR-26/)
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