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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 5228 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000503 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO CRIMINAL OFFENSES -- CHILDREN |
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| 16 | 16 | | Introduced By: Representatives Perez, Fellela, Hull, and Vella-Wilkinson |
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| 17 | 17 | | Date Introduced: January 25, 2023 |
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| 18 | 18 | | Referred To: House Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by 1 |
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| 23 | 23 | | adding thereto the following section: 2 |
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| 24 | 24 | | 11-9-22. Care of babies born preterm. 3 |
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| 25 | 25 | | (a) Except as provided in subsection (b) of this section, any physician, nurse, or other 4 |
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| 26 | 26 | | licensed medical person who knowingly and intentionally fails to provide reasonable medical care 5 |
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| 27 | 27 | | and treatment to an infant born alive, as described in subsection (c) of this section, shall: 6 |
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| 28 | 28 | | (1) Be guilty of a felony and upon conviction shall be fined not exceeding five thousand 7 |
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| 29 | 29 | | dollars ($5,000), or imprisoned not exceeding five (5) years, or both; and 8 |
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| 30 | 30 | | (2) If, as a result of that failure, the infant dies, shall be guilty of the crime of manslaughter. 9 |
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| 31 | 31 | | (b) The requirements of this section shall not be construed to prevent an infant's parent(s) 10 |
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| 32 | 32 | | or guardian(s) from refusing to give consent to medical treatment or care which is not medically 11 |
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| 33 | 33 | | necessary or reasonable, including care or treatment which either: 12 |
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| 34 | 34 | | (1) Is not necessary to save the life of the infant; 13 |
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| 35 | 35 | | (2) Has a potential risk to the infant's life or health that outweighs the potential benefit to 14 |
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| 36 | 36 | | the infant of the treatment or care; or 15 |
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| 37 | 37 | | (3) Is treatment that will do no more than temporarily prolong the act of dying when death 16 |
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| 38 | 38 | | is imminent. 17 |
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| 39 | 39 | | (c) As used in this section, the term "born alive," with respect to a member of the species 18 |
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| 40 | 40 | | homo sapiens, means the complete expulsion or extraction from the mother of that member, at any 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000503 - Page 2 of 3 |
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| 44 | 44 | | stage of development, who after such expulsion or extraction breathes or has a beating heart, 1 |
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| 45 | 45 | | pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether 2 |
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| 46 | 46 | | the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a 3 |
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| 47 | 47 | | result of natural or induced labor, cesarean section, or by any other means. 4 |
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| 48 | 48 | | SECTION 2. This act shall take effect upon passage. 5 |
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| 49 | 49 | | ======== |
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| 50 | 50 | | LC000503 |
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| 51 | 51 | | ======== |
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| 52 | 52 | | |
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| 53 | 53 | | |
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| 54 | 54 | | LC000503 - Page 3 of 3 |
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| 55 | 55 | | EXPLANATION |
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| 56 | 56 | | BY THE LEGISLATIVE COUNCIL |
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| 57 | 57 | | OF |
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| 58 | 58 | | A N A C T |
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| 59 | 59 | | RELATING TO CRIMINAL OFFENSES -- CHILDREN |
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| 60 | 60 | | *** |
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| 61 | 61 | | This act would criminalize the knowing and intentional failure of a physician, nurse, or 1 |
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| 62 | 62 | | other licensed medical person to provide reasonable medical care and treatment to an infant born 2 |
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| 63 | 63 | | alive as a felony. If the infant dies as a result of that failure to provide reasonable care, the medical 3 |
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| 64 | 64 | | person would be guilty of manslaughter. 4 |
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| 65 | 65 | | This act would take effect upon passage. 5 |
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| 66 | 66 | | ======== |
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| 67 | 67 | | LC000503 |
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| 68 | 68 | | ======== |
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