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HB312: Miscarriage or stillbirth; unintentional cause thereof.

HOUSE BILL NO. 312
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 4, 2008)
(Patron Prior to Substitute--Delegate Landes)
A BILL to amend the Code of Virginia by adding a section numbered 18.2-36.3, relating to unintentional cause of miscarriage or stillbirth; penalty.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 18.2-36.3 as follows:

§ 18.2-36.3. Unintentionally causing miscarriage or stillbirth; penalty.

Any person who, while engaged in conduct so gross, wanton, and culpable so as to show a reckless disregard for the life or safety of others, causes injury to another person who is pregnant and that injury results in a miscarriage or stillbirth, is guilty of a Class 5 felony.

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. 312
Offered January 9, 2008
Prefiled January 4, 2008
A BILL to amend the Code of Virginia by adding a section numbered 18.2-36.3, relating to unintentional cause of miscarriage or stillbirth; penalty.
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Patron-- Landes
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 18.2-36.3 as follows:

§ 18.2-36.3. Unintentionally causing miscarriage or stillbirth; penalty.

A. Any person who, while engaged in conduct so gross, wanton, and culpable so as to show a reckless disregard for the life or safety of others, causes injury to another person who is pregnant and that injury results in a miscarriage or stillbirth, is guilty of a Class 5 felony.

B. When the injury described in subsection A is caused by a person (i) under the influence of an illegal Schedule I or II controlled substance, marijuana, or alcohol, (ii) while operating a motor vehicle when his license is suspended pursuant to § 18.2-266, 18.2-266.1, 46.2-301, or 46.2-357, or (iii) while committing an act in violation of § 18.2-57.2, such person is guilty of a Class 4 felony.

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.

Additional Data

Explanation

This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.

Words that are highlighted in yellow are proposed additions, and words that are crossed out in red are proposed removals.

The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.