HB 602/SB 359 – Born Alive Abortion Survivors Protection Act

HB 602/SB 359 – Born Alive Abortion Survivors Protection Act

Primary House Sponsors: Rep. Pat McElraft (R-Craven), Rep. Deborah Conrad (R-Forsyth), Rep. Sarah Stevens (R-Surry), Rep. Pat Hurley (R-Randolph)

Primary Senate Sponsors: Sen. Joyce Krawiec (R-Forsyth), Sen. Ralph Hise (R-Madison), Sen. Kathy Harrington (R-Gaston)

Bill Summary

Requirements for Health Care Providers

The bill states that in the case of an abortion or an attempt to perform an abortion that results in a child born alive, any health care practitioner present at the time the child is born alive shall do all of the following:

  • Exercise the same degree of professional care to preserve life and health of child
  • Follow the exercise of care to insure that the child born alive is immediately transported to a hospital or physicians office

Mandatory Reporting of Noncompliance

  • Any health care practitioner or employee who has knowledge of a failure of to comply with these requirements shall report failure to comply to an appropriate State or federal law enforcement agency.

Bar Prosecution of Mothers

  • The mother of a child born alive may not be prosecuted for a violation of or attempt to commit a violation involving the child who was born alive.


  • Any person who violates this section is guilty of a Class D felony which shall include a fine of not more than $250,000.
  • Any person who intentionally performs or attempt to perform an overt act that kills a child born alive shall be punished for murder.

Civil Remedies

  • The bill includes language to allow for the woman who has experienced a violation of this section may claim for damages.

Bill Movement


This bill was filed on April 4, 2019.

This bill was referred to the following House Committees:

  • Health – passed in April 11, 2019
  • Rules –


This bill was filed on March 26, 2019.

This bill was referred to the Senate Rules Committee on March 27, 2019.

This bill was re-referred to the following Senate Committees:

  • Judiciary – passed April 10, 2019
  • Health – referral stricken on April 10, 2019
  • Rules – passed on April 11, 2019

This bill passed on the Senate floor on April 15, 2019.

This bill passed in the House floor on April 16, 2019.

This bill will now be sent to Governor Cooper.

Governor Cooper vetoed this bill on April 18, 2019.

The Senate overrode the Governor’s veto on April 30, 2019 with a vote of 30-20.

The House failed to override the Governor’s veto with a vote of 67-53.


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