Missouri 2025 Regular Session

Missouri Senate Bill SB702 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 702
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR BRATTIN.
8	8	2814S.02I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 188.035, RSMo, and to enact in lieu thereof one new section relating to abortion.
11	11
12	12	Be it enacted by the General Assembly of the State of Missouri, as follows:
13	13	Section A. Section 188.035, RSMo, is repealed and one new 1
14	14	section enacted in lieu thereof, to be known as section 188.035, 2
15	15	to read as follows:3
16	16	188.035. [Whoever, with intent to do s o, shall take 1
17	17	the life of a child aborted alive, shall be guilty of murder 2
18	18	of the second degree. ] 1. This section shall be known and 3
19	19	may be cited as the "Born -Alive Abortion Survivors 4
20	20	Protection Act". 5
21	21	2. A child born alive during or after an abo rtion or 6
22	22	an attempted abortion shall have all the rights, privileges, 7
23	23	and immunities available to other persons, citizens, and 8
24	24	residents of this state, including any other liveborn child. 9
25	25	3. Any health care provider licensed, registered, or 10
26	26	certified in this state who is present at the time a child 11
27	27	is born alive during or after an abortion or attempted 12
28	28	abortion shall: 13
29	29	(1) Exercise the same degree of professional skill, 14
30	30	care, and diligence to preserve the life and health of the 15
31	31	child as a reasonably diligent and conscientious health care 16
32	32	provider would render to any other child born alive at the 17
33	33	same gestational age or with the same fetal weight. This 18
34	34	shall include, but not be limited to, never abandoning the 19 SB 702 2
35	35	child, but instead determ ining whether to initiate 20
36	36	resuscitation, to continue treatment, or to provide comfort 21
37	37	and palliative care; and 22
38	38	(2) If necessary, ensure that the child born alive is 23
39	39	immediately transported and admitted to a hospital following 24
40	40	the exercise of skil l, care, and diligence required under 25
41	41	subdivision (1) of this subsection. 26
42	42	4. In addition to any criminal or administrative 27
43	43	liability which may be incurred, a person shall be civilly 28
44	44	liable when he or she: 29
45	45	(1) Knowingly, recklessly, or neglig ently causes the 30
46	46	death of a child who is born alive during or after an 31
47	47	abortion or an attempted abortion; 32
48	48	(2) Knowingly fails to comply with any of the 33
49	49	provisions of subsection 3 of this section if the person is 34
50	50	a health care provider subject to such provisions; 35
51	51	(3) Knowingly performs or induces, or attempts to 36
52	52	perform or induce, an unlawful abortion upon another person; 37
53	53	(4) Knowingly aids or abets another person to undergo 38
54	54	a self-induced abortion or attempted self -induced abortion 39
55	55	or to procure an unlawful abortion or attempted unlawful 40
56	56	abortion; 41
57	57	(5) Knowingly, recklessly, or negligently supplies or 42
58	58	makes available any instrument, device, medicine, drug, or 43
59	59	any other means or substance for another person to undergo a 44
60	60	self-induced abortion or attempted self -induced abortion or 45
61	61	to procure an unlawful abortion or attempted unlawful 46
62	62	abortion; or 47
63	63	(6) Knowingly incites, solicits, or otherwise uses 48
64	64	speech or writing as an integral part of conduct in 49
65	65	violation of a valid criminal statute to influence another 50
66	66	person to undergo a self -induced abortion or attempted self - 51 SB 702 3
67	67	induced abortion or to procure an unlawful abortion or 52
68	68	attempted unlawful abortion. 53
69	69	5. If injury or death arises out of or results from 54
70	70	any circumstance under subsection 4 of this section to any 55
71	71	of the following persons, including: 56
72	72	(1) A person upon whom the unlawful abortion or 57
73	73	attempted unlawful abortion was performed or induced; 58
74	74	(2) A person who underwent a self -induced abortion or 59
75	75	attempted self-induced abortion or who procured an unlawful 60
76	76	abortion or attempted unlawful abortion; 61
77	77	(3) A child who was born alive during or after an 62
78	78	abortion or attempted abortion; or 63
79	79	(4) An unborn child, 64
80	80	then a cause of action for personal injury, bodily injury, 65
81	81	or wrongful death may be brought. In a cause of action for 66
82	82	wrongful death, the spouse, partner, parents, and children 67
83	83	of the deceased person, child, or unborn child shall be 68
84	84	entitled to bring the action. Damages for injury or d eath 69
85	85	may be recovered for, including, but not limited to, any 70
86	86	damages described in chapters 537 and 538 that are 71
87	87	applicable; loss of future fertility; loss of love and 72
88	88	companionship of the spouse, partner, parent, child, or 73
89	89	unborn child; and for injur y to or destruction of the 74
90	90	spouse, partner, parent, child, or unborn child relationship 75
91	91	in such amount as, under all the circumstances of the case, 76
92	92	may be just. The court shall also award a prevailing 77
93	93	plaintiff reasonable attorney's fees and litigatio n costs, 78
94	94	including, but not limited to, expert witness fees and 79
95	95	expenses as part of the costs. A defendant shall not be 80
96	96	permitted to plead or prove as a defense that the plaintiff 81
97	97	or deceased person assumed the risk of undergoing, or 82 SB 702 4
98	98	consented to undergo, a self-induced abortion or attempted 83
99	99	self-induced abortion or that the plaintiff or deceased 84
100	100	person assumed the risk of procuring, or consented to 85
101	101	procure, an unlawful abortion or attempted unlawful 86
102	102	abortion. The fact that a plaintiff or decease d person 87
103	103	consented to undergo a self -induced abortion or attempted 88
104	104	self-induced abortion or to procure an unlawful abortion or 89
105	105	attempted unlawful abortion shall not, in and of itself, be 90
106	106	considered evidence of contributory or comparative 91
107	107	negligence. Any exculpatory agreement between or among 92
108	108	parties that is related to undergoing a self -induced 93
109	109	abortion or attempted self -induced abortion or to procuring 94
110	110	an unlawful abortion or attempted unlawful abortion shall be 95
111	111	against public policy and shall be void. 96
112	112	6. No person shall maintain a cause of action or 97
113	113	receive an award of damages under this section if such 98
114	114	person engaged in criminal conduct, or in domestic violence 99
115	115	or sexual assault, as defined in section 455.010, that 100
116	116	caused the pregnancy in which another person was injured or 101
117	117	died as the result of an abortion or attempted abortion. No 102
118	118	person shall maintain a cause of action or receive an award 103
119	119	of damages under this section if he or she is a family or 104
120	120	household member, as defined in se ction 455.010, who aided 105
121	121	or abetted such person who engaged in criminal conduct, or 106
122	122	in domestic violence or sexual assault, as defined in 107
123	123	section 455.010, that caused the pregnancy in which another 108
124	124	person was injured or died as the result of an abortio n or 109
125	125	attempted abortion. 110
126	126	