Relating to the treatment of an unborn child for the purposes of damages for wrongful death, the defense of compulsion, homicide and related crimes, and assault, making penalties applicable, and including effective date and applicability provisions

The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. This bill relates to the treatment of an unborn child for purposes of damages for wrongful death, certain crimes, and certain defenses.336 (damages for wrongful death) to provide that damages for wrongful death of a child shall include the wrongful death of an unborn child, as defined in the bill to mean an individual organism of the species homo sapiens from fertilization to fetal death or live birth. 4 (insanity) to include a pregnant woman acting relative to her unborn child under Code chapter 707 or 708 as a person who shall not be convicted of a crime if at the time the crime is committed, the person suffers from such a diseased or deranged condition of the mind as to render the person incapable of knowing the nature and quality of the act the person is committing or incapable of distinguishing between right and wrong in relation to that act.10 (compulsion) to provide that an act, other than an act by which one intentionally or recklessly causes physical injury to another, is not a public offense if the person so acting, including a pregnant woman acting relative to her unborn child under Code chapter 707 (homicide or related crimes) or 708 (assault), is compelled to do so by another’s threat or menace of serious injury, provided that the person reasonably believes that such injury is imminent and can be averted only by the person doing such act.1A (homicide and related crimes —— unborn child victim) that provides that for the purpose of Code chapter 707 (homicide and related crimes), “person” includes an unborn child when the person is the victim of the crime. The bill provides that prosecution of a crime under Code chapter 707, when the victim is an unborn child, is subject to the same presumptions, defenses, justifications, immunities, clemencies, and other due process protections that would apply if the victim were a person following a live birth. The Code section shall not apply to the unintentional death of an unborn child resulting from the performance of life-saving procedures to save the life of a pregnant woman when accompanied by reasonable steps, if available, to save the life of the unborn child; or to a miscarriage. If a provision of law conflicts with the new Code section, the new Code section prevails.1A (assault on an unborn child). The bill provides that for the purpose of Code chapter 708 (assault), “person” includes an unborn child when the person is the victim of the crime. Prosecution of a crime under Code chapter 708, when the victim is an unborn child, is subject to the same presumptions, defenses, justifications, immunities, clemencies, and other due process protections that would apply if the victim were a person following a live birth. The Code section shall not apply to the unintentional death of or harm to an unborn child resulting from the performance of life-saving procedures to save the life of a pregnant woman when accompanied by reasonable steps, if available, to save the life of the unborn child; or to a miscarriage. If a provision of law conflicts with the new Code section, the new Code section prevails. The bill takes effect upon enactment. The bill applies only to conduct or an act occurring on or after the effective date of the bill.