[atlas:bill]

AN ACT Relating to protecting children born alive; amending RCW 18.71.240; adding new sections to chapter 18.71 RCW; creating new sections; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. This act may be known and cited as the "Born Alive Infants Protection Act of 2001."

Sec. 2. RCW 18.71.240 and 1981 c 328 s 1 are each amended to read as follows:

The right of medical treatment of an infant who is born alive in the course of an abortion ((~~procedure shall be~~)) is the same as the right of an infant who is born prematurely of equal gestational age.

NEW SECTION. Sec. 3. A new section is added to chapter 18.71 RCW to read as follows:

In determining the meaning or application of any state law, the words "child," "person," "individual," and "human being" shall include every infant who is born alive at any stage of development.

NEW SECTION. Sec. 4. A new section is added to chapter 18.71 RCW to read as follows:

For purposes of this act, the following definitions apply:

(1) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device to terminate the pregnancy of a woman for any other purpose than producing a live birth.

(2) "Born alive" means the complete expulsion or extraction of an infant at any stage of development from his or her mother, 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 or not the umbilical cord has been cut, and regardless of whether or not the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced labor.

(3) "Infant" means any member of the species homo sapiens who is born alive at any stage of development.

(4) "Law" means the state Constitution, any state statute or ordinance adopted by a legislative body, and any state rule or regulation adopted by any executive agency.

(5) "State" means state and local government, and any political subdivision thereof, and any officer, employee, agent, or volunteer thereof.

NEW SECTION. Sec. 5. A new section is added to chapter 18.71 RCW to read as follows:

(1) Every facility where births occur shall conspicuously post, in a prominent location where births occur so that all employees and patrons of the facility may take notice, the following warning sign, to be provided by the department of health, in block letters at least one inch in height:

"AN INFANT WHO IS BORN ALIVE HAS THE SAME RIGHTS AS ANY OTHER PERSON AND IS EQUALLY PROTECTED BY THE LAW."

(2) Every facility where abortions occur shall conspicuously post, in a prominent location where abortions occur so that all employees and patrons of the facility may take notice, the following warning sign, to be provided by the department of health, in block letters at least one inch in height:

"THE RIGHT OF MEDICAL TREATMENT OF AN INFANT WHO IS BORN ALIVE IN THE COURSE OF AN ABORTION IS THE SAME AS THE RIGHT OF AN INFANT WHO IS BORN PREMATURELY OF EQUAL GESTATIONAL AGE."

(3) Every facility that violates subsection (1) or (2) of this section is guilty of a class 3 civil infraction under chapter 7.80 RCW and may be fined up to fifty dollars. However, no such fines may be levied until thirty days have expired from the time warning signs are distributed by the department of health.

NEW SECTION. Sec. 6. The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between this act and any other provision of law, the provisions of this act shall govern.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, morals, or safety, or support of the state government and its existing public institutions, and takes effect immediately.