Why It Matters
Missouri lawmakers are advancing legislation that would criminalize failure to provide life-saving care to infants born after attempted abortions. The measure cleared the state Senate late Wednesday and could reach the House floor as soon as Monday, with sponsors pushing for passage before the legislative session ends next week.
The bill establishes first-degree murder charges for anyone who performs an act that kills a child born alive, with health care providers facing potential death penalty charges for failing to provide care. Supporters frame the legislation as necessary protection for infants in rare failed-abortion scenarios.
What Happened
State Sen. Brad Hudson’s bill passed the Missouri Senate on Wednesday with 18 Republicans voting in favor and 10 Democrats opposed. Four Republican senators also voted against the measure.
The legislation states that anyone who knowingly performs or attempts an act that kills a child born alive can be charged with first-degree murder. Under the bill’s provisions, medical providers could face capital punishment for not providing life-saving care to a baby born following an attempted abortion.
House Majority Leader Alex Riley announced the House will hold a technical session Friday to expedite hearings on Senate bills, allowing Hudson’s measure to be heard as soon as Monday. The House version of the bill, sponsored by state Reps. Brian Seitz and Holly Jones, was the first abortion-related proposal to clear a legislative chamber in Missouri this year.
By the Numbers
The Senate vote split 18-14, with all 10 Democrats and four Republicans voting against the measure. The bill drew opposition from Republican state Sens. Mary Elizabeth Coleman, Mike Moon, Joe Nicola, and Ben Brown.
Missouri’s constitution currently protects abortion rights up to the point of fetal viability—the stage when a baby can survive without extraordinary medical intervention. The federal Born-Alive Infants Protection Act has been in place since 2002.
The legislation underwent approximately four hours of debate Tuesday before Democrats reached a compromise that added several provisions and removed language creating civil liability for medication abortions.
Zoom Out
Missouri Republicans have shifted away from an all-or-nothing approach to abortion legislation in recent years. Seitz acknowledged this strategy change Thursday, saying the bill represents incremental policy rather than comprehensive restrictions.
The measure follows a national pattern of born-alive legislation in Republican-controlled states. Supporters argue existing federal protections don’t provide sufficient enforcement mechanisms, while opponents contend such scenarios are exceedingly rare and existing law already addresses them.
What’s Next
The House could hear the bill as soon as Monday following Friday’s technical session. Seitz said he expects the Senate version to pass quickly through the House without changes. If the House approves the bill unchanged, it would proceed directly to the governor’s desk for signature.
State Sen. Coleman raised concerns about potential litigation over the bill’s multiple subjects, warning it could violate Missouri’s constitutional requirement that legislation address a single subject. She said the measure might distract from other policy work and consume attorney general resources in legal challenges.