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Section A. Section 188.035, RSMo, is repealed and one new 1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