Born-Alive Infants Protection Act of 2002

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An Act
To protect infants who are born alive.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short Title.[edit]

This Act may be cited as the ``Born-Alive Infants Protection Act of 2002´´.

Sec. 2. Definition of Born-Alive Infant.[edit]

(a) In General.—
Chapter 1 of Title 1, United States Code, is amended by adding at the end the following:

``Sec. 8. ``Person´´, ``human being´´, ``child´´, and ``individual´´ as including born-alive infant
``(a) In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words ``person´´, ``human being´´, ``child´´, and ``individual´´, shall include every infant member of the species homo sapiens who is born alive at any stage of development.
``(b) As used in this section, the term ``born alive´´, with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
``(c) Nothing in this section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being ``born alive´´ as defined in this section.´´.

(b) Clerical Amendment.—
The table of sections at the beginning of Chapter 1 of Title 1, United States Code, is amended by adding at the end the following new item:

``8. `Person´´, ``human being´´, ``child´´, and ``individual´´ as including born-alive infant.´´.

Approved August 5, 2002.

Legislative History[edit]

    • No. 107-186 (Comm. on the Judiciary)
  • CONGRESSIONAL RECORD, Vol. 148 (2002):
    • Mar. 12, considered and passed House.
    • July 18, considered and passed Senate.
    • Aug. 5, Presidential remarks.