June 19, 2019 From Senator Joyce Krawich, District 31
Born-Alive - Necessary or Not?
Here are the FACTS
I'm sure you've heard the house failed to override the governor's veto of the Born Alive Protection Act. This bill required medical care for infants born alive after an abortion attempt. The media (and the Governor’s Office) would have you believe that there is no need for this law. However, there is and according to our non-partisan legal team,"There are currently no laws requiring an affirmative duty of care".
Existing law covers:
- Death of an unborn child, other than an abortion -- this applies, for example, if a pregnant woman is murdered or attacked in a manner that results in the death of her unborn child (G.S. 14-45.1);
- Involuntary manslaughter, which is killing another human being by a culpably negligent act or omission (G.S. 14-18) -- more on this one later;
- Second degree and first degree murder, which is intentionally killing another human being with malice and, in the case of first degree murder, premeditation (G.S. 14-17).
Please Note; The involuntary manslaughter statute does not clearly apply to caring for an infant after a botched abortion. That is because a healthcare provider has no legal duty to provide care to the infant, which would make prosecution under the involuntary manslaughter statute very difficult. The Born Alive Abortion Survivors Protection Act would have created that legal duty to provide care to the infant.
What the new law would have covered:
- Updating the criminal code to create a duty to care for an infant after a botched abortion (this duty does not currently exist in law);
- Creating a felony for health care providers who violate the duty to care for an infant after a botched abortion.
The nonpartisan Legislative Analysis Division exists to weigh in on just these types of questions. Regarding theBorn Alive Abortion Survivors Protection Act, the nonpartisan Legislative Analysis Division concluded
; "The deliberate killing of infants, including those who have survived an attempted abortion, is a criminal offense.
"There are currently no laws requiring an affirmative duty of care to preserve the life
of infants who survive attempted abortions."