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Minutes for HB2313 - Committee on Public Health and Welfare

Short Title

Creating the born-alive infants protection act to provide legal protections for infants who are born alive regardless of the intent of the delivery.

Minutes Content for Fri, Mar 24, 2023

Jenna Moyer, Staff Revisor, gave an overview of the bill.

Jeanne Gawdun testified in support of HB2313. She stated that Kansans For Life and their statewide membership support strong protections for infants who are born alive during an abortion. An infant who survives an abortion deserves no less than to be transferred to a hospital where any further evaluation can take place. HB2313 includes penalties for violations, including overt acts intended to kill the infant who is born alive, and creates a civil cause of action. HB2313 improves reporting requirements to the Kansas Department of Health & Environment to include specific information on abortion survivors such as gestational age, medical actions taken, and the outcome. (Attachment 1)

Sarah Zagorski gave proponent testimony for HB2313She shared her story of being an abortion survivor. (Attachment 2) She was delivered, not breathing, after an induction abortion. The doctor advised her mother that the baby would be a mental vegetable incapable of having a normal life. Her mother demanded medical care immediately and the abortion physician sent them to a hospital where the baby survived. She said leaving a baby to die following a barbaric, traumatic abortion is infanticide.

They took questions from committee members.

Proponent, written only testimony was submitted by:

Representative Ron Bryce (Attachment 3)

Lucrecia Nold, Kansas Catholic Conference (Attachment 4)

Melissa Ohden, Abortion Survivors Network (Attachment 5)

Brittany Jones, Kansas Family Voice (Attachment 6)

Dr. Kelly Byrd, Pediatrician, Overland Park, KS (Attachment 7)

Chairperson Gossage closed the hearing on HB2313.

Final Action on HB2313

Chairperson Gossage announced that she wanted to do final action on HB2313. There were no objections.

Senator Baumgardner moved to pass HB2313 favorably for passage. Senator O'Shea offered an amendment to strike the words "and admitted" in Section 4, Line 11.  (Attachment 8) Discussion followed. Senator Thompson offered a second. On a voice vote of aye, the amendment was adopted. Senator Baumgardner offered a revised motion to pass HB2313, as amended, favorably for passage, with a second from Senator O'Shea. HB2313, as amended was passed favorably.