2012 -- H 7006

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LC00192

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY -- UNBORN VICTIMS OF VIOLENCE ACT

     Introduced By: Representatives Brien, Corvese, Azzinaro, Savage, and Palumbo

     Date Introduced: January 04, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 4.13

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UNBORN VICTIMS OF VIOLENCE ACT

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     23-4.13-1. Short title. – This chapter shall be known and may be cited as the "Unborn

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Victims of Violence Act".

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     23-4.13-2. Definitions. – For the purposes of this chapter:

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     (1) "Unborn child" means a child in utero, and the term "child in utero" means a member

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of the species of homo sapiens, at any stage of development, carried in the womb.

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     (2) "Whoever" does not include the pregnant woman whose unborn child is killed or

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injured;

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     (3) "Another" means the unborn child or any human being other than the actor;

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     (4) "Without lawful justification" means acting under circumstances in which the use of

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lethal force is not legally justified.

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     (5) "Forcible felony" means any felonious act that involves a high-risk of violence.

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     23-4.13-3. Murder of an unborn child. – (a) Whoever, without lawful justification,

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causes the death of an unborn child is guilty of murder of an unborn child if he or she:

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     (1) Intends to cause the death of or do great bodily harm to another or knows that his or

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her acts will cause the death or do great bodily harm to another;

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     (2) Knows that his or her acts create a strong probability of death or great bodily harm to

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another;

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     (3) Attempts or commits a forcible felony; or

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     (4) Perpetrates an act eminently dangerous to another and evinces a depraved mind,

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without regard for human life.

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     (b) Penalty. The sentence for murder of an unborn child shall be equal to that for murder

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pursuant to section 11-23-2. The death penalty shall not be imposed.

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     23-4.13-4. Voluntary manslaughter of an unborn child. – (a) Whoever, without lawful

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justification, causes the death of an unborn child is guilty of voluntary manslaughter of an unborn

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child if he or she:

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     (1) Intends to cause the death of another in an immediate response provoked by such

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words or acts of another as would provoke a person of ordinary self control under like

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circumstances;

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     (2) Commits or attempts to commit a misdemeanor offense with such force or violence

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that the death of or great bodily harm to another was reasonably foreseeable; or

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     (3) Intends to cause the death of an unborn child because the actor is coerced by threats

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made by someone other than his or her co-conspirator and which causes the actor to reasonably

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believe that his or her act is the only means of preventing imminent death to the actor or another.

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     (b) Penalty. Voluntary manslaughter of an unborn child is a felony.

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     23-4.13-5. Involuntary manslaughter of an unborn child. – (a) Whoever, without

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lawful justification, causes the death of an unborn child is guilty of involuntary manslaughter of

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an unborn child if he or she:

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     (1) Creates an unreasonable risk by his or her culpable negligence and consciously takes

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a chance of causing death or great bodily harm to another;

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     (2) Shoots the mother of the unborn child with a firearm or other dangerous weapon as a

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result of negligently believing her to be an animal;

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     (3) Sets a spring gun, pit fall, deadfall, snare or other like dangerous weapon or devise; or

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     (4) Negligently permits any animal known by the actor to have vicious propensities or to

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have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's

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premises, or negligently fails to keep that animal properly confined.

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     (b) Penalty. Involuntary manslaughter of an unborn child is a felony.

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     23-4.13-6. Battery of an unborn child. – (a) Whoever, without legal justification,

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inflicts great or substantial bodily harm upon an unborn child, who is subsequently born alive, by

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intentionally or knowingly touching a pregnant woman without her consent is guilty of battery of

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an unborn child.

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     (b) Penalty. Battery of an unborn child resulting in great bodily harm to the unborn child

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is a felony. Battery of an unborn child resulting in substantial bodily harm to the unborn child is a

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misdemeanor.

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     (c) As used in this section, "great bodily harm" includes, but is not limited to, permanent

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disability or disfigurement.

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     (d) As used in this section, "substantial bodily harm" includes, but is not limited to, the

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birth of the unborn child prior to thirty-seven (37) weeks gestation if the child weighs two

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thousand five hundred (2,500) grams or less at the time of birth.

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     (e) "Substantial bodily harm" does not include the inducement of the unborn child's birth

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when done for bona fide medical purposes.

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     23-4.13-7. Assault of an unborn child. – (a) Whoever, without legal justification, does

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any of the following, commits assault of an unborn child:

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     (1) Commits any act with the intent to cause fear in a pregnant woman of immediate

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bodily harm to herself or with the intent to cause fear in a pregnant woman of the death of her

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unborn child; or

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     (2) Intentionally inflicts or attempts to inflict bodily harm on an unborn child who is

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subsequently born alive.

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     (b) Penalty. Assault of an unborn child is a misdemeanor.

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     23-4.13-8. Exceptions. – This act does not apply to:

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     (1) Acts which cause the death of an unborn child if those acts were committed during a

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legal abortion to which the pregnant woman consented, or a person authorized by law to act on

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her behalf, consented or for which such consent is implied by law.

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     (2) Acts which are committed pursuant to usual and customary standards of medical

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practices during diagnostic or therapeutic treatment.

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     (3) Acts committed by a pregnant woman with respect to her own unborn child.

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     (4) Acts involving the use of force in lawful self-defense or lawful defense of another.

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     23-4.13-9. Other convictions not barred. – A prosecution for or conviction under this

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chapter is not a bar to conviction of or punishment for any other crime committed by the

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defendant as part of the same conduct.

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     23-4.13-10. Severability. – If any provision, word, phrase or clause of this chapter or the

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application thereof to any person or circumstance is held invalid, such invalidity shall not affect

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the provisions, words, phrases, clauses or applications of this part which can be given effect

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without the invalid provisions, words, phrases, clauses or applications and to this end, the

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provisions, words, phrases and clauses are declared to be severable.

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     SECTION 2. This act shall take effect upon passage.

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LC00192

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- UNBORN VICTIMS OF VIOLENCE ACT

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     This act would define and impose penalties for acts of violence upon an unborn child.

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     This act would take effect upon passage.

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LC00192

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