(Raleigh, N.C.) (AP) — Abortion legislation in North Carolina focusing on what happens if a child is born during a failed late-term abortion has cleared the state Senate.

The Republican-backed measure approved Monday evening would require doctors and nurses to medically treat a child born alive after the procedure like any person. They could face a felony with active prison time and monetary penalties if they don’t.

Abortion-rights activists argue the “born-alive” proposal now heading to the House is unnecessary for a nonexistent problem and is designed to intimidate physicians and women. Social conservatives say the bill only addresses caring for newborns and describe situations where infants have been left to die.

Democratic Gov. Roy Cooper has criticized the measure through a spokeswoman, raising expectations he’d veto any final bill sent to his desk.