A bill now in the Missouri Senate proposes murder charges for any clinic staff who don’t attempt to save the survivor of a botched abortion. 

The bill introduced by Sen. Brad Hudson, R-Cape Fair, would repeal section 188.035 of state law to establish the Born-Alive Abortion Survivors Protection Act.

“Anyone that knows me knows that I’m 100% pro-life. Life begins at conception,” Hudson said in an interview with The Heartlander. 

Hudson, who is also a pastor, makes it clear the legislation is a response to Missouri voters’ passage of Amendment 3 in 2024 that established a constitutional right to “reproductive freedom.”

“Right now, we have a situation in Missouri where abortion is in our Constitution and it can be interpreted for abortions up to the ninth month. So, we’re trying to do all we can on the pro-life front to protect innocent life, and this born-alive bill is a part of that effort.”

The bill says any child born alive during or after an abortion or an attempted abortion has the same rights, privileges and immunities as every citizen of Missouri.

The bill creates a paradoxical crossroad, forcing abortionists to hold to the Hippocratic Oath and preserve the life of a survivor just as they would for any other infant born.

“It’s really sad that we are here because of the deceit that was involved in the [Amendment 3] narrative that was pushed, that was a false narrative, saying that we had to put abortion in Missouri’s Constitution for women to get the health care that they need. That was not the truth.

“There was nothing in Missouri law stopping women from getting the health care that they needed, but unfortunately, it barely passed the ballot box because we didn’t have initiative petition reform protecting our Constitution.

“And so, here we are. In our Constitution, we’ve got abortion. We got to do all we can to save these kids, to save these children. This [bill] is just a part of our work on the pro-life front, trying to do everything we can to save innocent lives.”

Hudson explained the bill is designed to ensure these survivors “are provided with all of the lifesaving care that they have a right to as a human being.”

There’s a provision in the bill requiring the abortion provider to send the baby to a hospital immediately after the attempt to take the child’s life.

Employees of hospitals, clinics or physician offices who witness a violation of these care standards would be legally obligated to report the matter to police right away. 

Failing to report a violation would lead to a prison sentence of up to five years or significant fines. In the most extreme cases, any person who commits an overt act intended to kill a child born alive will be charged with first-degree murder.

When asked about those who call the law redundant, Hudson was firm:

“I do not at all view this as something that is redundant. I view this as something that is necessary, especially in the climate that we are in currently. Let’s put clear language in Missouri law that protects these children and make sure that they are given the lifesaving care that they should be afforded.”

The legislation also opens the door for expansive civil litigation against those involved in unlawful or self-induced abortions. 

“This would give the opportunity for certain family members to go after someone in civil court that didn’t give a child the lifesaving care that they needed. We’ve got criminal penalties. We’ve got the possibility of civil action there. We are going to protect these children. We are not messing around. This is a life-or-death issue, and we’re on the side of life.”

Hudson stressed the bill doesn’t target the woman getting the abortion. 

“There’s nothing in the bill that’s specifically directed towards mothers. There could be a situation where maybe there was a boyfriend involved, or something like that. But we did not specify mothers in the bill.”

The bill mirrors a state bill that failed to get through last session and a federal bill filed previously by Missouri Congresswoman Ann Wagner.

“We have got a lot of support,” Hudson said. “This is not just a Missouri thing. There’s a national effort going on here to protect children across our country. I’m excited about the support that we’ve got, hoping we can get this bill across the finish line.”