HB1126: Abortion or miscarriage; intent to destroy unborn child, penalty.

HOUSE BILL NO. 1126
House Amendments in [ ] – February 11, 2008
A BILL to amend and reenact § 18.2-71 of the Code of Virginia, relating to producing abortion or miscarriage; penalty.
----------
Patron Prior to Engrossment--Delegate Jones, S.C.
----------
Referred to Committee for Courts of Justice
----------

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-71 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-71. Producing abortion or miscarriage, etc.; penalty.

Except as provided in other sections of this article, if any person, including the pregnant female, who administers administer to, or cause causes to be taken by a woman pregnant female, any drug or other thing, or use uses means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and thereby destroy destroys such child, or produce produces such abortion or miscarriage, he shall be is guilty of a Class 4 felony. The provisions of this section shall not apply to any medically approved contraceptive whether used before or after sexual intercourse [ or any medication legally prescribed by a physician ] [ specifically to induce or cause an abortion ] .

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment.  Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

HOUSE BILL NO. 1126
Offered January 9, 2008
Prefiled January 9, 2008
A BILL to amend and reenact § 18.2-71 of the Code of Virginia, relating to producing abortion or miscarriage; penalty.
----------
Patron-- Jones, S.C.
----------
Committee Referral Pending
----------

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-71 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-71. Producing abortion or miscarriage, etc.; penalty.

Except as provided in other sections of this article, if any person, including the pregnant female, who administers administer to, or causecauses to be taken by a woman a pregnant female, any drug or other thing, or useuses means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and thereby destroy destroys such child, or produce produces such abortion or miscarriage, he shall be is guilty of a Class 4 felony. The provisions of this section shall not apply to any medically approved contraceptive whether used before or after sexual intercourse.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment.  Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.