Feticide; penalty. (HB1631)
Introduced By
Progress
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Introduced |
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Passed Committee |
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Passed House |
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Passed Senate |
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Signed by Governor |
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Became Law |
Description
Killing a fetus; penalty. Provides that any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills a fetus is guilty of a Class 2 felony, and that any person who commits such an act without premeditation is guilty of a felony punishable by confinement in a state correctional facility for not less than five nor more than 40 years. Currently the act of unlawfully killing a fetus as described in this statute is a crime only if the fetus is the fetus "of another." Read the Bill »
Outcome
Bill Has Failed
History
| Date | Action |
|---|---|
| 10/30/2006 | Committee |
| 10/30/2006 | Prefiled and ordered printed; offered 01/10/07 067100366 |
| 10/30/2006 | Referred to Committee for Courts of Justice |
| 11/02/2006 | Fiscal impact statement from VCSC (HB1631) |
| 11/02/2006 | Impact statement from VCSC (HB1631) |
| 01/11/2007 | Assigned Courts sub: Criminal Law |
Comments
Anyone know, is the state's definition of "fetus" the same as the scientific definition (i.e., an 8-week-old embryo)?
It is my understanding that the state defines fetus simply as an unborn child, from conception (not fertilization) onward. I'm afraid I can't find a source on that at the moment.
As I recall from the fetal death reporting bill two years ago, a fetus is described in Virginia code as "any product of conception regardless of gestational age".
Obviously, this is HUGELY problematic.
So my understanding is that this bill simply amends the existing feticide law to ensure that a woman who is pregnant can also be charged for the death of a fetus in her own body, correct?
I believe the purpose of most of these bills is to try to establish constitutional rights for fetuses as if they had been born - from the time of conception on. The only way to trump the mother's right to make decisions about her own body is to endow the fetus with full rights.