CHAPTER 353

FORMERLY

SENATE BILL NO. 419

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 17 OF TITLE 24 OF THE DELAWARE CODE MANDATING PROPER MEDICAL TREATMENT FOR CHILDREN BORN ALIVE AFTER AN ABORTION OR ATTEMPTED ABORTION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 17 of Title 24 of the Delaware Code by adding a new §1795 to read as follows:

"§1795. Live Birth Following an Abortion

(a) In the event an abortion or an attempted abortion results in the live birth of a child, the person performing or inducing such abortion or attempted abortion and all persons rendering medical care to the child after its birth must exercise that degree of medical skill, care, and diligence which would be rendered to a child who is born alive as the result of a natural birth.

(b) Nothing found in this Section shall be deemed to preclude prosecution under any other applicable section of the Delaware Code for knowing or reckless conduct which is detrimental to the life or health of an infant born as a result of a procedure designed to terminate pregnancy. Anyone who knowingly violates this section shall be guilty of a Class A Misdemeanor."

Approved July 8, 1982.