Kentucky Statutes 311.822 – Legislative findings — Purposes of KRS 311.821 to 311.827
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(1) The General Assembly of the Commonwealth of Kentucky hereby finds that:
(a) The Commonwealth of Kentucky has a paramount interest in protecting all human life;
(b) If an attempted abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of this Commonwealth;
(c) Irrespective of the status of court challenges to Kentucky statutes protecting unborn children from abortion, it is not an infringement on a woman’s asserted right to terminate her pregnancy for this Commonwealth to affirm its interest in protecting an infant whose live birth occurred as the result of an attempted abortion; and
(d) Without proper legal protection, newly born infants who survive attempted abortions may be denied appropriate life-saving or life-sustaining medical care and treatment and may be left to die.
(2) Based on the findings in subsection (1) of this section, the purposes of KRS
311.821 to 311.827 are to:
(a) Ensure the protection and promotion of the health and well-being of all infants born-alive in this Commonwealth; and
(b) Mandate that healthcare providers give medically appropriate and reasonable life-saving and life-sustaining medical care and treatment to all born-alive infants.
Effective:January 22, 2021
History: Created 2021 Ky. Acts ch. 1, sec. 2, effective January 22, 2021.
(a) The Commonwealth of Kentucky has a paramount interest in protecting all human life;
Terms Used In Kentucky Statutes 311.822
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(b) If an attempted abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of this Commonwealth;
(c) Irrespective of the status of court challenges to Kentucky statutes protecting unborn children from abortion, it is not an infringement on a woman’s asserted right to terminate her pregnancy for this Commonwealth to affirm its interest in protecting an infant whose live birth occurred as the result of an attempted abortion; and
(d) Without proper legal protection, newly born infants who survive attempted abortions may be denied appropriate life-saving or life-sustaining medical care and treatment and may be left to die.
(2) Based on the findings in subsection (1) of this section, the purposes of KRS
311.821 to 311.827 are to:
(a) Ensure the protection and promotion of the health and well-being of all infants born-alive in this Commonwealth; and
(b) Mandate that healthcare providers give medically appropriate and reasonable life-saving and life-sustaining medical care and treatment to all born-alive infants.
Effective:January 22, 2021
History: Created 2021 Ky. Acts ch. 1, sec. 2, effective January 22, 2021.