Fetal Homicide

Bill Number: 
HB 457
Session: 
Regular Session 2001
Description: 

The bill defined viable fetus as a fetus after 20 weeks gestation. HB 457 also amended existing law by creating penalties for unlawfully injuring a fetus, resulting in the termination of the pregnancy, in the same manner as the pregnant woman was injured. HB 497 would allow a person who murdered a pregnant woman to be charged with murdering both the woman and the fetus. Under this bill, the injury to the fetus would not have to be willful or purposeful, which was required under existing statute (for example, if a pregnant woman were harmed resulting in a terminated pregnancy and the person harming her did not know she was pregnancy, that person could still be charged for the murder of the woman and the fetus)

Impact: 

Undermines the right of a woman to choose an abortion and elevates the legal status of the fetus to that of an adult human being

Bill Status Note: 

Senate Comprimised on a less restrictive bill which passed favorably out of the Senate. The House was unable to get 2/3 vote to pass a more restrictive bill

Not in Office: