Bill Text: HI SB326 | 2010 | Regular Session | Introduced

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Bill Title: Penal Code; Crimes Against Unborn Child

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB326 Detail]

Download: Hawaii-2010-SB326-Introduced.html

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Report Title:

Penal Code; Crimes Against Unborn Child

 

Description:

Creates new criminal offenses perpetrated by the mother against an unborn child.

 

THE SENATE	S.B. NO.	326
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to crimes against unborn children.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

“Chapter

     §  -1 Definitions.  As used in this chapter:

     "Unborn child" means the unborn offspring of a human being from viability until birth, but not yet completely born unless the results of the prenatal conduct in this section are unknown until after a live birth.

     "Engaging in illegal conduct" means acting under circumstances in which the conduct of the mother would be considered illegal under the laws of the State of Hawaii or under the laws of the United States.

     "Viability" means the stage of fetal development when the unborn child has the capability of meaningful life independent of the mother's womb by natural or artificial life support systems.

     "Unborn child's mother" means the female within whose womb the unborn child is maintained.

     §  -2  Voluntary manslaughter of an unborn child.  A person who causes the death of an unborn child commits the offense of voluntary manslaughter if the person is the unborn child's mother and without lawful justification:

(1)    Intends to cause the death of or do great bodily harm to the unborn child, or knows that the acts will cause the death of, or do great bodily harm to the unborn child;

(2)    Attempts or commits a felonious act; or

(3)    Perpetrates an act eminently dangerous to another and evinces a depraved mind, without regard for human or fetal life.

     Voluntary manslaughter of an unborn child is a class A felony.

     §  -3  Involuntary manslaughter of an unborn child.  A person who causes the death of an unborn child commits the offense of involuntary manslaughter if the person is the unborn child's mother and without lawful justification:

(1)    Intends to cause the death of or great bodily harm to another in an immediate response provoked by such words or acts of another whether or not a person of ordinary self-control under like circumstances would respond in the same manner; or

(2)    Commits or attempts to commit a misdemeanor or gross misdemeanor offense with such force or violence that the death of or great bodily harm to another was reasonably foreseeable.

     Voluntary manslaughter of an unborn child is a class B felony.

     §  -4  Negligent homicide of an unborn child.  A person who causes the death of an unborn child commits the offense of negligent homicide if the person is the unborn child's mother and without lawful justification:

(1)    Creates an unreasonable risk by culpable negligence and consciously takes a chance of causing death or great bodily harm to the unborn child; or

(2)    Creates an unreasonable risk by negligently or recklessly engaging in illegal conduct.

     Negligent homicide of an unborn child is a class C felony.

     §  -5 Exceptions.  This chapter does not apply to:

(1)    Acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented.

(2)    Acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.

     §  -6  Other convictions not barred.  A prosecution for or conviction under this chapter is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct."

     SECTION 2.  If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  This Act shall take effect on July 1, 2009.

 

INTRODUCED BY:	_____________________________