Chalk one up for the little guy...or girl :)

[GalvestonDuck]

http://story.news.yahoo.com/news?tmpl=s ... rn_victims

House Passes Unborn Victims Legislation
1 hour, 7 minutes ago
By JIM ABRAMS, Associated Press Writer

WASHINGTON - The House voted Thursday to treat attacks on a pregnant woman as separate crimes against both her and the fetus she is carrying. Critics say it would undermine abortion rights by giving fetuses new federal legal status.

Passage of the Unborn Victims of Violence Act was actively backed by the White House and President Bush's conservative supporters. Following enactment of the law banning "partial birth" abortions last year, the bill is this year's prime measure dealing with the unborn.

It passed 254-163 after the House rejected a Democratic-led alternative that would have increased penalties for attacks on pregnant women in which the fetus is injured or killed without conferring new rights on fetuses.

Backers further highlighted the bill by naming it in honor of Laci and Conner Peterson, the pregnant woman who was murdered in December, 2002, and her unborn child.

"There are two victims in these kinds of attacks," said Rep. Melissa Hart, R-Pa., chief sponsor of the legislation. "That is so clear from the Laci and Conner Peterson case."

Laci's husband Scott Peterson faces double murder charges under California's state unborn victims law. California is one of 29 states that have enacted such laws, and supporters said Congress needs to bring the federal government in line with state laws.

The measure would be applicable only when federal crimes — such as terrorism, drug trafficking or offenses on federal land or on military bases — are committed.

The White House expressed strong support for the legislation and opposed any "one-victim" alternatives such as that offered by Rep. Zoe Lofgren, D-Calif. Her substitute, backed by most Democrats, fell 229-186.

Supporters denied that the bill was about abortion, pointing to language in the bill that specifically protects those carrying out legal abortions from prosecution. But the abortion issue dominated the debate.

"You deny personhood, which is a legal concept, to the unborn," Rep. Henry Hyde, R-Ill., a strong opponent of abortion, said to critics of the bill. "Here's an opportunity to not restrict the liberty of a pregnant woman, but to enhance the sanctity of human life."

But Rep. Nita Lowey, D-N.Y., said it would be the first time in federal law that a fetus would be recognized as having the same rights as the born. The bill "is not about shielding pregnant women," she said. "It is and has always been about undermining freedom of choice."

The House, said Kate Michelman, president of NARAL Pro-Choice America, was "taking advantage of tragedy to promote the far-right agenda of trying to rob women of their right to choose."

The two sides also argued over language in the bill that defines "unborn child" as "a member of the species homo sapiens, at any stage of development, who is carried in the womb."

Critics said that under this definition even a fertilized egg would have the same rights as the born, setting the stage for future challenges to abortion rights.

But those behind the bill noted that identical language was used in a 2000 bill that barred the execution of pregnant women. That bill passed the House 417-0 but didn't move in the Senate.

The House has also twice before, in 1999 and 2001, passed unborn victims bills, but in both those cases as well the Senate, where abortion rights lawmakers hold greater sway, did not take up the legislation.

Senate Majority Leader Bill Frist, R-Tenn., has pledged to bring up the bill soon, but it's uncertain whether he has the votes to pass it.

The bill also states that an offense does not require proof that the assailant had knowledge that the victim was pregnant. Hart noted that murder is a leading cause of death among pregnant women and in many cases the attack is made with the intention to kill the unborn child.
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A BILL

To amend titles 10 and 18, United States Code, to protect unborn victims of violence.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Unborn Victims of Violence Act of 2003'.

SEC. 2. PROTECTION OF UNBORN CHILDREN.

(a) IN GENERAL- Title 18, United States Code, is amended by inserting after chapter 90 the following:

`CHAPTER 90A--PROTECTION OF UNBORN CHILDREN
`Sec.


`1841. Causing death of or bodily injury to unborn child.

`Sec. 1841. Causing death of or bodily injury to unborn child

`(a)(1) Any person who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.

`(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided for that conduct under Federal law had that injury or death occurred to the unborn child's mother.

`(B) An offense under this section does not require proof that--

`(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or

`(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child.

`(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under section 1111, 1112, or 1113, as applicable, for intentionally killing or attempting to kill a human being, instead of the penalties that would otherwise apply under subparagraph (A).

`(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.

`(b) The provisions referred to in subsection (a) are the following:

`(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), 844(f), 844(h)(1), 844(i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952(a)(1)(B), 1952(a)(2)(B), 1952(a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title.

`(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)).

`(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283).

`(c) Subsection (a) does not permit prosecution--

`(1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency;

`(2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or

`(3) of any woman with respect to her unborn child.

`(d) In this section--

`(1) the terms `child in utero' and `child, who is in utero' mean a member of the species homo sapiens, at any stage of development, who is carried in the womb; and

`(2) the term `unborn child' means a child in utero.'.

(b) CLERICAL AMENDMENT- The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following:
1841'.


SEC. 3. MILITARY JUSTICE SYSTEM.

(a) PROTECTION OF UNBORN CHILDREN- Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 919 (article 119) the following:

`Sec. 919a. Art. 119a. Causing death of or bodily injury to unborn child

`(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.

`(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment for that conduct under this chapter had that injury or death occurred to the unborn child's mother.

`(B) An offense under this section does not require proof that--

`(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or

`(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child.

`(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under section 918, 919, or 880 of this title (article 118, 119, or 80), as applicable, for intentionally killing or attempting to kill a human being, instead of the penalties that would otherwise apply under subparagraph (A).

`(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.

`(b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 111, 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).

`(c) Subsection (a) does not permit prosecution--

`(1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency;

`(2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or

`(3) of any woman with respect to her unborn child.

`(d) In this section--

`(1) the terms `child in utero' and `child, who is in utero' mean a member of the species homo sapiens, at any stage of development, who is carried in the womb; and

`(2) the term `unborn child' means a child in utero.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 919 the following:

`919a. 119a. Causing death of or bodily injury to unborn child.'.