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NC 'Born-Alive' Abortion Bill Focuses on What Happens After Failed Late-Term Abortion

Unlike the commonly referred to 'heartbeat bill,' NC Senate Bill 359 focuses on what happens if a child is born during a failed late-term abortion.

Headlines have been dominated by different states' interpretations of 'abortion bills.'

Now, one in North Carolina has cleared the state senate, but it isn't like many you have heard of.

Unlike the commonly referred to 'heartbeat bill,' NC Senate Bill 359 abortion legislation actually focuses on what happens to a child after they are born.

This piece of legislation focuses on what happens if a child is born during a failed late-term abortion has cleared the state Senate.

The Republican-backed measure approved Monday evening would require doctors and nurses to protect and care for a child born during a failed late-term abortion.

They could face a felony with active prison time and monetary penalties if they don't.

Abortion-rights activists argue the "born-alive" proposal now heading to the House is unnecessary for a nonexistent problem and is designed to intimidate physicians and women.

Social conservatives say the bill only addresses caring for newborns and describe situations where infants have been left to die.

Democratic Gov. Roy Cooper has criticized the measure through a spokeswoman, raising expectations he'd veto any final bill sent to his desk.

Anti-abortion groups have embraced the "Born-Alive Abortion Survivors Protection Act," which they say would protect children born alive after botched late-term abortions and who otherwise would be left to die. The state's murder statutes also would be expanded in the measure to apply to an "intentional, overt act" after a child is born alive.

The bill's supporters have provided written testimony of adults who saw or survived botched abortions. It's unclear, however, how often such situations occur.

The North Carolina Values Coalition said five states have reported at least 25 children were born alive during attempted abortions in 2017. North Carolina keeps no such statistics.

The Centers for Disease Control and Prevention has reported more than 140 infant deaths involved induced terminations nationwide from 2003 to 2014. It hasn't specified what level of care those newborns received.

North Carolina Republicans have passed abortion restrictions this decade, including one that extended the waiting period for the procedure to 72 hours. But a North Carolina law adjusted in 2015 to limit abortions after 20 weeks of pregnancy to only those during a medical emergency was struck down by a federal judge. He delayed enforcement of his decision so the state could appeal or rewrite that law.

Anti-abortion and abortion-rights filled seats on opposite sides of the Senate gallery on Monday. Two other Democratic women who spoke against the bill are running for statewide office next year. Sen. Erica Smith is running for U.S. Senate while Sen. Terry Van Duyn wants to be the next lieutenant governor.

Current Lt. Gov. Dan Forest, a Republican and the Senate's presiding officer, endorsed the bill. He is preparing to run for governor in 2020, hoping to unseat Cooper.

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