Florida Senate - 2013                      CS for CS for SB 1636
       
       
       
       By the Committees on Judiciary; and Health Policy; and Senator
       Flores
       
       
       
       590-04362-13                                          20131636c2
    1                        A bill to be entitled                      
    2         An act relating to infants born alive; amending s.
    3         390.011, F.S.; defining the term “born alive”;
    4         amending s. 390.0111, F.S.; providing that an infant
    5         born alive during or immediately after an attempted
    6         abortion is entitled to the same rights, powers, and
    7         privileges as any other child born alive in the course
    8         of natural birth; requiring health care practitioners
    9         to preserve the life and health of such an infant born
   10         alive, if possible; providing for the transport and
   11         admittance of an infant born alive to a hospital;
   12         requiring a health care practitioner or certain
   13         employees who have knowledge of any violations with
   14         respect to infants born alive after an attempted
   15         abortion to report those violations to the Department
   16         of Health; providing a penalty; providing for
   17         construction; amending s. 390.0112, F.S.; revising a
   18         reporting requirement; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsections (4) through (8) of section 390.011,
   23  Florida Statutes, are renumbered as subsections (5) through (9),
   24  respectively, and a new subsection (4) is added to that section
   25  to read:
   26         390.011 Definitions.—As used in this chapter, the term:
   27         (4) “Born alive” means the complete expulsion or extraction
   28  from the mother of a human infant, at any stage of development,
   29  who, after such expulsion or extraction, breathes or has a
   30  beating heart, or definite and voluntary movement of muscles,
   31  regardless of whether the umbilical cord has been cut and
   32  regardless of whether the expulsion or extraction occurs as a
   33  result of natural or induced labor, Cesarean section, induced
   34  abortion, or other method.
   35         Section 2. Subsections (12) and (13) of section 390.0111,
   36  Florida Statutes, are renumbered as subsections (13) and (14),
   37  respectively, subsection (10) is amended, and a new subsection
   38  (12) is added to that section to read:
   39         390.0111 Termination of pregnancies.—
   40         (10) PENALTIES FOR VIOLATION.—Except as provided in
   41  subsections (3), and (7), and (12):
   42         (a) Any person who willfully performs, or actively
   43  participates in, a termination of pregnancy procedure in
   44  violation of the requirements of this section commits a felony
   45  of the third degree, punishable as provided in s. 775.082, s.
   46  775.083, or s. 775.084.
   47         (b) Any person who performs, or actively participates in, a
   48  termination of pregnancy procedure in violation of the
   49  provisions of this section which results in the death of the
   50  woman commits a felony of the second degree, punishable as
   51  provided in s. 775.082, s. 775.083, or s. 775.084.
   52         (12) INFANTS BORN ALIVE.—
   53         (a) An infant born alive during or immediately after an
   54  attempted abortion is entitled to the same rights, powers, and
   55  privileges as are granted by the laws of this state to any other
   56  child born alive in the course of natural birth.
   57         (b) If an infant is born alive during or immediately after
   58  an attempted abortion, any health care practitioner present at
   59  the time shall humanely exercise the same degree of professional
   60  skill, care, and diligence to preserve the life and health of
   61  the infant as a reasonably diligent and conscientious health
   62  care practitioner would render to an infant born alive at the
   63  same gestational age in the course of natural birth.
   64         (c) An infant born alive during or immediately after an
   65  attempted abortion must be immediately transported and admitted
   66  to a hospital pursuant to s. 390.012(3)(c) or rules adopted
   67  thereunder.
   68         (d) A health care practitioner or any employee of a
   69  hospital, a physician’s office, or an abortion clinic who has
   70  knowledge of a violation of this subsection must report the
   71  violation to the department.
   72         (e) A person who violates this subsection commits a
   73  misdemeanor of the first degree, punishable as provided in s.
   74  775.082 or s. 775.083. This subsection shall not be construed as
   75  a specific provision of law relating to a particular subject
   76  matter that would preclude prosecution of a more general
   77  offense, regardless of the penalty.
   78         (f) This subsection does not affirm, deny, expand, or
   79  contract any legal status or legal right applicable to any
   80  member of the species homo sapiens at any point prior to being
   81  born alive as defined in s. 390.011.
   82         Section 3. Subsection (1) of section 390.0112, Florida
   83  Statutes, is amended to read:
   84         390.0112 Termination of pregnancies; reporting.—
   85         (1) The director of any medical facility in which any
   86  pregnancy is terminated shall submit a monthly report to the
   87  agency which contains the number of procedures performed, the
   88  reason for same, and the period of gestation at the time such
   89  procedures were performed, and the number of infants born alive
   90  during or immediately after an attempted abortion to the agency.
   91  The agency shall be responsible for keeping such reports in a
   92  central place from which statistical data and analysis can be
   93  made.
   94         Section 4. This act shall take effect July 1, 2013.