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Senate Bill 9

Actions | Amendments
Last Action 04/24/20: Vetoed
Title AN ACT relating to the protection of born-alive infants and abortion and declaring an emergency.
Bill Documents Current/Final
Introduced
Fiscal Impact Statements Corrections Impact
Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 21
Sponsors W. Westerfield, D. Thayer, R. Alvarado, D. Carroll, M. Castlen, C. Embry Jr., R. Girdler, J. Higdon, S. Humphries, S. Meredith, R. Mills, D. Parrett, A. Robinson, J. Schickel, J. Turner, P. Wheeler, M. Wilson, M. Wise
Summary of Original Version Create new sections of KRS Chapter 311 to prohibit a person from denying or depriving a born-alive infant of nourishment with the intent to cause or allow the death of the infant; prohibit a person from denying or depriving a born-alive infant of medically appropriate and reasonable medical care, medical treatment, or surgical care; require a physician performing an abortion to take all medically appropriate and reasonable steps to preserve the life and health of a born-alive infant; specify that if the physician is unable to perform those duties then an attending physician assistant, advanced practice registered nurse, nurse, or other healthcare worker shall assume the duties; provide that a born-alive infant shall be treated as a legal person under the laws of the Commonwealth; specify that any born-alive infant, whose parents file a petition for voluntary termination of parental rights, shall become a ward of the Cabinet for Health and Family Services; prohibit any person from performing scientific research on a born-alive infant; specify that this section shall not be construed as preventing a born-alive infant's parent or guardian from refusing medical care that is not medically appropriate or reasonable; specify that the parent or guardian of a born-alive infant shall not be held criminally or civilly liable for the actions of a physician, physician assistant, advanced practice registered nurse, or other healthcare provider that acted without his or her consent; provide for civil and administrative penalties for violations of this Act; allow for severability; allow the General Assembly by joint resolution to appoint members to intervene as a matter or right in any case that challenges the constitutionality of this Act; amend KRS 311.595, 311.850, 314.091, and 315.121 to suspend or revoke the license of any physician, physician assistant, advanced practice registered nurse, nurse, or pharmacist who violates this Act; amend KRS 311.990 to establish criminal penalties for violations; establish the short title of "Born-Alive Infant Protection Act"; EMERGENCY.
Index Headings of Original Version Crimes and Punishments - Born-alive infants, protection of
Criminal Procedure - Born-alive infants, protection of
Effective Dates, Emergency - Born-alive infants, protection of
Health and Medical Services - Born-alive infants, protection of
Nurses - Born-alive infants, protection of
Pharmacists - Born-alive infants, protection of
Physicians and Practitioners - Born-alive infants, protection of
Reproductive Issues - Born-alive infants, protection of
Women - Born-alive infants, protection of
Children and Minors - Born-alive infants, protection of
Civil Actions - Born-alive infants, protection of
Civil Procedure - Born-alive infants, protection of
Short Titles and Popular Names - Born-Alive Infant Protection Act
Corrections Impact - Born-alive infants, protection of
Local Mandate - Born-alive infants, protection of
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
Votes Vote History
Governor's Veto Message Veto

Actions

Top | Amendments
01/13/20
  • introduced in Senate
01/15/20
  • taken from Committee on Committees (S)
  • 1st reading
  • returned to Committee on Committees (S)
  • to Veterans, Military Affairs, & Public Protection (S)
01/16/20
  • taken from Veterans, Military Affairs, & Public Protection (S)
  • 2nd reading
  • returned to Veterans, Military Affairs, & Public Protection (S)
01/23/20
  • reported favorably, to Rules
01/24/20
  • posted for passage in the Regular Orders of the Day for Monday, January, 27, 2020
01/27/20
  • 3rd reading, passed 32-0
  • received in House
01/29/20
  • to Judiciary (H)
01/31/20
  • posted in committee
03/11/20
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/12/20
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Tuesday, March 17, 2020
04/14/20
  • floor amendment (2) filed to Committee Substitute , floor amendments (1) and (3-title) filed to bill
04/15/20
  • 3rd reading, passed 70-16 with Committee Substitute (1) and floor amendments (2) and (3-title)
  • received in Senate
  • to Rules (S)
  • posted for passage for concurrence in House Committee Substitute (1) and floor amendments (2) and (3-title)
  • Senate concurred in House Committee Substitute (1) and floor amendments (2) and (3-title)
  • passed 30-2
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
04/24/20
  • Vetoed

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statements Corrections Impact to House Committee Substitute 1
Local Mandate to House Committee Substitute 1
Summary Keep original provisions; delete the research prohibition and the penalty therefor.
Index Headings Crimes and Punishments - Born-alive infants, protection of
Criminal Procedure - Born-alive infants, protection of
Health and Medical Services - Born-alive infants, protection of
Nurses - Born-alive infants, protection of
Pharmacists - Born-alive infants, protection of
Physicians and Practitioners - Born-alive infants, protection of
Reproductive Issues - Born-alive infants, protection of
Women - Born-alive infants, protection of
Children and Minors - Born-alive infants, protection of
Civil Actions - Born-alive infants, protection of
Civil Procedure - Born-alive infants, protection of
Short Titles and Popular Names - Born-Alive Infant Protection Act
Corrections Impact - Born-alive infants, protection of
Local Mandate - Born-alive infants, protection of

Amendment House Floor Amendment 1
Piggyback? Yes
Sponsor D. Meade
Summary Amend KRS 15.241 to allow the Attorney General to seek injunctive relief as well as civil and criminal penalties to prevent, penalize, and remedy violations of KRS Chapter 216B relating to abortion facilities and KRS 311.710 to 311.830 relating to abortions, and add violations of emergency management orders relating to elective medical procedures issued under KRS Chapter 39A to the types of actions for which the Attorney General may seek injunctive relief as well as civil and criminal penalties; specify that nothing in this section shall limit or preclude the secretary of the Cabinet for Health and Family Services from seeking similar relief; provide for severability.
Index Headings Crimes and Punishments - Abortion statutes, enforcement of
Criminal Procedure - Abortion statutes, enforcement of
Parental Rights - Abortion statutes, enforcement of
Piggybacked Bills - HB 451 SCS
Reproductive Issues - Abortion statutes, enforcement of
Attorney General - Abortion statutes, enforcement of
Children and Minors - Abortion statutes, enforcement of
Civil Actions - Abortion statutes, enforcement of

Amendment House Floor Amendment 2
Piggyback? Yes
Sponsor D. Meade
Summary Amend KRS 15.241 to allow the Attorney General to seek injunctive relief as well as civil and criminal penalties to prevent, penalize, and remedy violations of KRS Chapter 216B relating to abortion facilities and KRS 311.710 to 311.830 relating to abortions, and add violations of emergency management orders relating to elective medical procedures issued under KRS Chapter 39A to the types of actions for which the Attorney General may seek injunctive relief as well as civil and criminal penalties; specify that nothing in this section shall limit or preclude the secretary of the Cabinet for Health and Family Services from seeking similar relief; provide for severability.
Index Headings Crimes and Punishments - Abortion statutes, enforcement of
Criminal Procedure - Abortion statutes, enforcement of
Parental Rights - Abortion statutes, enforcement of
Piggybacked Bills - HB 451 SCS
Reproductive Issues - Abortion statutes, enforcement of
Attorney General - Abortion statutes, enforcement of
Children and Minors - Abortion statutes, enforcement of
Civil Actions - Abortion statutes, enforcement of

Amendment House Floor Amendment 3
Sponsor D. Meade
Summary Make title amendment.
Index Headings Title Amendments - SB 9/GA

Last updated: 10/27/2020 12:10 PM (EDT)
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