HOUSE DOCKET, NO. 1173 FILED ON: 1/12/2009
HOUSE . . . . . . . . . . . . . . No. 1443
The Commonwealth of Massachusetts
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PRESENTED BY:
Bradley H. Jones, Jr.
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To the Honorable Senate and House of
Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to fetal homicide.
_______________
PETITION OF:
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Name:
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District/Address:
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Viriato Manuel deMacedo
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1st Plymouth
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Bradley H. Jones, Jr.
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20th Middlesex
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George N. Peterson, Jr.
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9th Worcester
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Elizabeth Poirier
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14th Bristol
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F. Jay Barrows
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1st Bristol
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Paul K. Frost
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7th Worcester
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Susan Williams Gifford
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2nd
Plymouth
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Bradford R. Hill
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4th Essex
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Jeffrey Davis Perry
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5th Barnstable
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Richard J. Ross
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9th Norfolk
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Todd M. Smola
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1st Hampden
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Robert S. Hargraves
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1st Middlesex
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[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1517 OF 2007-2008.]
The
Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
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An Act relative to fetal homicide.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the
same, as follows:
SECTION 1. Chapter 265 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following section:--
Section 13M. (a) For the purposes of this section, the following words shall, unless the contex
t indicates otherwise, have the following meanings:—
“Bodily injury”, substantial impairment of the physical condition including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repe
ated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child’s health or welfare.
“Child in utero”, a member of the species homo sapiens, at any stage of development, who is carried in the w
omb.
(b) Whoever engages in conduct that violates any of the provisions of law listed in chapter 265 of the General Laws which results in the death of, or bodily injury to, a child in utero when the conduct occurs, is guilty of a separate offense under thi
s section.
(c) (1) Except as otherwise provided in this subsection, the punishment for that separate offense is the same as the punishment provided under the General Laws for that conduct had the injury or death occurred to the unborn child’s mother.
(2) A
n offense under this section does not require proof that-
(A)
the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
(B)
the defendant intended to cause the death of, or bodily inju
ry to, the unborn child
(d) Nothing in this section shall be construed to permit the prosecution-
(1)
of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been o
btained or for which such consent is required by law;
(2)
of any person for any medical treatment of the pregnant woman or her unborn child; or
(3)
of
any woman with respect to her unborn child.
