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Sponsor seeks annual reporting on infants born alive after attempted abortion; survivors and faith groups urge transparency

Senate Judiciary
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Summary

Representative Deming told the committee HB 723 would require medical facilities to report infants born alive after attempted abortions and add an annual reporting requirement to DPHHS; survivors, faith groups and medical‑freedom advocates testified in support while senators asked about enforcement and fiscal details.

Representative Deming opened House Bill 7 23 by describing the bill’s purpose: require medical facilities to report infants born alive following attempted abortions and create an annual reporting requirement through DPHHS, including penalties for noncompliance. He said HB 723 builds on 2023 law (HB 625) by closing an annual‑reporting loophole.

Multiple proponents gave emotional and personal testimony. Robin Sertell, who identified herself as a survivor of three failed saline‑infusion abortions, and James Weber, a twin abortion survivor, recounted experiences and urged data collection so survivors and support services can be identified and helped. Patrick Webb of the Montana Family Foundation argued the bill is about transparency and verifying whether reported practices conform to the law. Erin Laws, representing the Montana Medical Freedom Alliance, and other medical professionals said modern vital‑statistics systems can track births and that an annual report would not be burdensome.

Senators asked technical and enforcement questions: whether all facilities must file a zero report when no such infant is born (the sponsor agreed a zero‑report requirement would be a useful clarifying amendment), where fines would be deposited and whether fines would cover administrative costs (sponsor acknowledged the fiscal note needed tightening and offered to amend), and whether infant deaths and abortion counts are already reported under existing MCA provisions (testimony indicated infant deaths are reported but reporting by some clinics may be inconsistent).

Representative Deming said he would carry the bill to the Senate floor and accepted several friendly amendments proposed during questioning. No opponents appeared in the room during this hearing; the committee closed the hearing and scheduled the bill for further action.