SB602: Human infant; determining whether an infant has achieved an independent and separate existence.


SENATE BILL NO. 602
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Joint Conference Committee
on March 13, 2010)
(Patron Prior to Substitute--Senator Newman)
A BILL to amend the Code of Virginia by adding a section numbered 18.2-32.3, relating to human infant; independent and separate existence.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-32.3 as follows:

? 18.2-32.3. Human infant; independent and separate existence.

For the purposes of this article, the fact that the umbilical cord has not been cut or that the placenta remains attached shall not be considered in determining whether a human infant has achieved an independent and separate existence.

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 is ________ 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 is ________ for periods of commitment to the custody of the Department of Juvenile Justice.


SENATE BILL NO. 602
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 26, 2010)
(Patron Prior to Substitute--Senator Newman)
A BILL to amend the Code of Virginia by adding a section numbered 18.2-32.3, relating to human infant; independent and separate existence.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-32.3 as follows:

? 18.2-32.3 Human infant; independent and separate existence.

For the purposes of this article, a human infant who has been born alive and is fully brought forth from the body of the mother has achieved an independent and separate existence from the mother, regardless of whether the umbilical cord has been cut or the placenta detached.

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 is $0 for periods of commitment to the custody of the Department of Juvenile Justice.


SENATE BILL NO. 602
Senate Amendments in [ ] -- February 9, 2010
A BILL to amend the Code of Virginia by adding a section numbered 18.2-32.3, relating to human infant; independent and separate existence.
Patrons Prior to Engrossment--Senators Newman, Hurt, Colgan, Hanger, Martin, Obenshain, Puckett, Reynolds, Ruff, Smith, Stuart and Vogel; Delegates: Byron, Cline, Garrett and Putney

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 18.2-32.3 as follows:

? 18.2-32.3 Human infant; independent and separate existence.

For the purposes of this article and ? 18.2-371.1, the determination of an independent and separate existence of a human infant from its mother shall not be conditioned solely upon whether or not the umbilical cord has been cut or the placenta detached.

2. ? [ That the provisions of this act are declarative of existing law.

3.? ] 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 is $0 for periods of commitment to the custody of the Department of Juvenile Justice.

SENATE BILL NO. 602
Offered January 13, 2010
A BILL to amend the Code of Virginia by adding a section numbered 18.2-32.3, relating to human infant; independent and separate existence.

Patrons-- Newman, Hurt, Colgan, Hanger, Martin, Obenshain, Puckett, Ruff, Smith and Stuart; Delegates: Byron and Garrett

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 18.2-32.3 as follows:

§ 18.2-32.3 Human infant; independent and separate existence.

For the purposes of this article and § 18.2-371.1, the determination of an independent and separate existence of a human infant from its mother shall not be conditioned solely upon whether or not the umbilical cord has been cut or the placenta detached.

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 is $0 for periods of commitment to the custody of the Department of Juvenile Justice.