2017 -- H 5126

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LC000299

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL OFFENSES - CHILDREN

     Introduced By: Representatives Perez, Lombardi, Corvese, Phillips, and Coughlin

     Date Introduced: January 18, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by

adding thereto the following section:

     11-9-22. Care of babies born preterm.

     (a) Except as provided in subsection (b) of this section, any physician, nurse, or other

licensed medical person who knowingly and intentionally fails to provide reasonable medical care

and treatment to an infant born alive, as described in subsection (c) of this section, shall:

     (1) Be guilty of a felony and upon conviction shall be fined not exceeding five thousand

dollars ($5,000), or imprisoned not exceeding five (5) years, or both; and,

     (2) If, as a result of that failure, the infant dies, shall be guilty of the crime of

manslaughter.

     (b) The requirements of this section shall not be construed to prevent an infant's parent(s)

or guardian(s) from refusing to give consent to medical treatment or care which is not medically

necessary or reasonable, including care or treatment which either:

     (1) Is not necessary to save the life of the infant;

     (2) Has a potential risk to the infant's life or health that outweighs the potential benefit to

the infant of the treatment or care; or

     (3) Is treatment that will do no more than temporarily prolong the act of dying when

death is imminent.

     (c) 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 the 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 by any other means.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - CHILDREN

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     This act would criminalize the knowing and intentional failure of a physician, nurse, or

other licensed medical person to provide reasonable medical care and treatment to an infant born

alive as a felony. If the infant dies as a result of that failure to provide reasonable care, the

medical person would be guilty of manslaughter.

     This act would take effect upon passage.

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