A JOINT RESOLUTION AUTHORIZING THE 2007 GENERAL ASSEMBLY TO CONSIDER A BILL TO BE ENTITLED AN ACT TO AMEND THE STATE LAW THAT MAKES INJURY TO A PREGNANT WOMAN A ONE CLASSIFICATION HIGHER OFFENSE FROM THE UNDERLYING OFFENSE TO A SEPARATE OFFENSE IF THE WOMAN IS PAST HER TWENTIETH WEEK OF PREGNANCY, AND TO INCLUDE AS AN AGGRAVATING FACTOR IN FELONY CASES THAT THE VICTIM WAS PREGNANT.
Whereas, there are 36 states that make it a separate offense to cause the death of a "fetus," "quick," or "unborn child," including:  Alabama, Alaska, Arizona, Arkansas, California, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin; and
Whereas, the General Assembly enacted an "Injury to Pregnant Woman" statute in 1998 that defined "miscarriage" and "stillbirth" and provided a sanction for the criminal conduct against a pregnant woman that caused a miscarriage or stillbirth; and
Whereas, the 1998 statute fully excepted from its provisions any lawful right to an abortion permitted by State law; and
Whereas, an unlawful act that results in the death of a fetus or unborn child should be recognized as a separate criminal offense in this State, as it has been recognized in a majority of state jurisdictions in the United States; Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
SECTION 1.  The 2007 General Assembly may consider "A BILL TO BE ENTITLED AN ACT TO AMEND THE STATE LAW THAT MAKES INJURY TO A PREGNANT WOMAN A ONE CLASSIFICATION HIGHER OFFENSE FROM THE UNDERLYING OFFENSE TO A SEPARATE OFFENSE IF THE WOMAN IS PAST HER TWENTIETH WEEK OF PREGNANCY, AND TO INCLUDE AS AN AGGRAVATING FACTOR IN FELONY CASES THAT THE VICTIM WAS PREGNANT."
SECTION 2.  This resolution is effective upon ratification.