Abuse and neglect of children; a child includes a viable fetus. (HB556)

Introduced By

Del. Dave LaRock (R-Loudoun) with support from co-patron Del. Nick Freitas (R-Culpeper)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Abuse and neglect of children; fetuses. Provides that for purposes of the crime of abuse and neglect of a child, a child includes a viable fetus. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/11/2016Committee
01/11/2016Prefiled and ordered printed; offered 01/13/16 16102723D
01/11/2016Referred to Committee for Courts of Justice
01/12/2016Impact statement from VCSC (HB556)
02/05/2016Impact statement from DPB (HB556)
02/16/2016Left in Courts of Justice

Comments

Waldo Jaquith writes:

Under this bill, people can't be prosecuted for abandoning a fetus at a hospital. Or for any fetus that is "under treatment solely by spiritual means through prayer".

ACLU-VA Women's Rights and Reproductive Freedom, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this law, which would create harsh criminal penalties for women who continue their pregnancies despite suffering from drug dependency. The U.S. Constitution protects women from laws that unjustifiably burden or penalize their decision to carry a pregnancy to term. Further, this bill would not promote healthy pregnancies. Pregnant women who suffer from drug dependency are less likely to seek essential prenatal care and social support systems when they are threatened with criminal prosecution. The threat fosters a climate of fear and mistrust between doctors and patients, imperiling the health both of women and their future children. To best promote healthy pregnancies, we should provide pregnant women easy access to comprehensive family-based treatment programs so they may get the help they need.

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this law, which would create harsh criminal penalties for women who continue their pregnancies despite suffering from drug dependency. The U.S. Constitution protects women from laws that unjustifiably burden or penalize their decision to carry a pregnancy to term. Further, this bill would not promote healthy pregnancies. Pregnant women who suffer from drug dependency are less likely to seek essential prenatal care and social support systems when they are threatened with criminal prosecution. The threat fosters a climate of fear and mistrust between doctors and patients, imperiling the health both of women and their future children. To best promote healthy pregnancies, we should provide pregnant women easy access to comprehensive family-based treatment programs so they may get the help they need.