HB986: Abortion or miscarriage; penalty.

HOUSE BILL NO. 986
Offered January 13, 2010
Prefiled January 13, 2010
A BILL to amend and reenact § 18.2-71 of the Code of Virginia, relating to producing abortion or miscarriage; penalty.
Patron-- Jones

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 administer to, or cause, including the pregnant female, who administers or 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.

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; therefore, Chapter 781 of the Acts of Assembly of 2009 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.