2022 -- S 2387

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LC004593

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL OFFENSES - CHILDREN

     

     Introduced By: Senators E Morgan, F Lombardi, Raptakis, de la Cruz, Lombardo,
Archambault, and Ciccone

     Date Introduced: February 15, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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adding thereto the following section:

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

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

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

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

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

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

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

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

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

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necessary or reasonable, including care or treatment which either:

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

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

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the infant of the treatment or care; or

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

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is imminent.

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     (c) As used in this section, the term "born alive," with respect to a member of the species

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homo sapiens, means the complete expulsion or extraction from the mother of that member, at any

 

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stage of development, who after such expulsion or extraction breathes or has a beating heart,

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pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether

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the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a

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result of natural or induced labor, cesarean section, or by any other means.

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     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

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

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

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person would be guilty of manslaughter.

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     This act would take effect upon passage.

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