LAURINBURG — Rep. Garland Pierce, along with a handful of Democrats, sided with Republicans to support a bill that protects babies that survive an abortion.
The Born-Alive Abortion Survivors Protection Act (SB 359) requires a “healthcare practitioner to care for a child born alive despite an abortion (and) creates a Class D felony with a fine of up to $250,000 for violation of a healthcare practitioner’s duty to provide care to a child born alive despite an abortion.”
The bill also will require certain people to report if a healthcare practitioner does not care for the child. A mother can face prosecution for not providing medical care or reporting a lack of medical care for a child born alive despite an abortion.
The bill was vetoed by Gov. Roy Cooper on Thursday.
“Laws already protect newborn babies and this bill is an unnecessary interference between doctors and their patients,” said Cooper in his released statement. “This needless legislation would criminalize doctors and other healthcare providers for a practice that simply does not exist.”
Pierce said, though he respected his counterparts’ votes, it was important to break away from the Democrats on this bill because he believes in supporting the rights of the child based on the information provided to him.
“I do recognize women’s rights because I have a mother, a wife, a daughter and granddaughter,” said Pierce. “What decisions they make, I respect. For this (bill), I decided to side with the surviving baby. If a baby survives it has the right to medical attention.”
Some of the information Pierce is referring to is a written testimony of Jill Stanek, who was a former nurse and whistle-blower of abortion practices.
Her letter shares one of her experiences with an aborted live baby: “One night, a nursing co-worker was transporting a baby, who had been aborted because he had Down syndrome, to our Soiled Utility room to die — because that is where survivors were taken. I could not bear the thought of this suffering child dying alone so I rocked him for the 45 minutes that he lived. Clearly, little abortion survivors need North Carolina to pass the Born Alive Abortion Survivors Act… not leave open the decision whether they live or die.”
Pierce said that in some of his discussions with local residents, they supported the bill.
“I do not want to trample on women’s rights,” said Pierce. “What got my attention is that once the baby has gone through the trauma of abortion and lives, I believe it should get medical care like any living being at that point, and not be denied medical assistance on its journey to live.”
Pierce listed Democrat Sens. Ben Clark and Don Davis, along with three Democrat Reps. Raymond Smith, Charles Graham and James Gailliard who voted in support of the bill.
Pierce said the second voting to overrule the veto will take place next week.
“And I’ll vote to override the governor’s veto,” Pierce said. “I just can’t vote against my conscience. Even if someone thinks there are already laws in place for protection, how could this bill hurt?”
Sen. Tom McInnis could not be reached for comment.
Jael Pembrick can be reached at 910-506-3169 or [email protected].

