PROVIDING THAT INFANTS BORN ALIVE, INCLUDING INFANTS BORN ALIVE AFTER AN ABORTION, ARE LEGAL PERSONS; REQUIRING HEALTH CARE PROVIDERS TO TAKE NECESSARY ACTIONS TO PRESERVE THE LIFE OF A BORN-ALIVE INFANT; PROVIDING A PENALTY; PROVIDING THAT THE PROPOSED ACT BE SUBMITTED TO THE QUALIFIED ELECTORS OF MONTANA; AND PROVIDING AN EFFECTIVE DATE.

This Act legally protects born-alive infants by imposing criminal penalties on health care providers who do not act to preserve the life of such infants, including infants born during an attempted abortion. A born-alive infant is entitled to medically appropriate care and treatment. A health care provider shall take medically appropriate and reasonable actions to preserve the life and health of a born-alive infant. A born-alive infant means an infant who breathes, has a beating heart, or has definite movement of voluntary muscles, after the complete expulsion or extraction from the mother. A health care provider found guilty of failing to take medically appropriate and reasonable actions to preserve a born-alive infant's life under this Act faces punishment of a fine up to $50,000 or imprisonment up to 20 years, or both.