Bill Text: NJ A3895 | 2014-2015 | Regular Session | Introduced
Bill Title: The "Motherhood Violence Act;" creates the offense of fetal homicide.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2014-12-04 - Introduced, Referred to Assembly Women and Children Committee [A3895 Detail]
Download: New_Jersey-2014-A3895-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
The "Motherhood Violence Act;" creates the offense of fetal homicide.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning fetal homicide, designated as the "Motherhood Violence Act," amending N.J.S.2C:11-2 and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:11-2 is amended to read as follows:
2C:11-2. Criminal Homicide. a. A person is guilty of criminal homicide if he purposely, knowingly, recklessly or, under the circumstances set forth in [section] N.J.S.2C:11-5, causes the death of another human being or an unborn child.
b. Criminal homicide is murder, manslaughter, fetal homicide or death by auto.
(cf: P.L.1979, c.178, s.20)
2. (New section) Fetal Homicide. a. Criminal homicide constitutes fetal homicide, if the actor:
(1) purposely causes the death of an unborn child or the actor purposely causes serious bodily injury to the victim resulting in the death of her unborn child; or
(2) knowingly causes the death of an unborn child or the actor knowingly causes serious bodily injury to the victim resulting in the death of her unborn child.
b. The provisions in subsection a. shall not apply to any person who commits an act which results in the death of an unborn child if any of the following apply:
(1) The act was committed pursuant to usual and customary standards of medical practice during a diagnostic testing or therapeutic treatment; or
(2) The act was solicited, aided or consented to by the mother of the unborn child.
c. As used in this act "unborn child" means an individual at any stage of development from fertilization until birth.
d. Fetal homicide is a crime of the first degree. Notwithstanding the provisions of N.J.S.2C:43-6, the term of imprisonment shall be 20 years, during which the person shall not be eligible for parole.
3. This act shall take effect immediately.
STATEMENT
This bill, designated as the
"Motherhood Violence Act," provides that the intentional killing of an unborn
child would
constitute criminal homicide in New Jersey.
Currently, the murder of a pregnant woman is one count of murder; the death of an unborn child is not a homicide under New Jersey law. Under this bill, the death of the unborn child would constitute a separate count of murder, independent of charges related to the death of or injury to the mother.
Specifically, the bill provides that a person would be guilty of the crime of fetal homicide if he purposely causes the death of an unborn child or purposely causes serious bodily injury to the victim resulting in the death of her unborn child, or knowingly causes the death of an unborn child or knowingly causes serious bodily injury to the victim resulting in the death of her unborn child.
The bill would not apply to a person who commits an act which results in the death of an unborn child under any of the following circumstances:
(1) The act was committed pursuant to usual and customary standards of medical practice during a diagnostic testing or therapeutic treatment; or
(2) The act was solicited, aided or consented to by the mother of the unborn child.
The bill defines the term "unborn child" as "an individual at any stage of development from fertilization until birth."
Under the bill, fetal homicide would be a crime of the first degree and upon conviction the defendant would be sentenced by the court to a term of 20 years during which the person would not be eligible for parole.
The sponsor notes that at least 38 states have enacted fetal homicide laws. Many such laws came into existence following the enactment, at the federal level, of the "Unborn Victims of Violence Act," codified as 18 U.S.C. s.1841, and known as "Laci and Conner's Law," which recognizes a child in utero who is injured or killed during a crime of violence, as a violence victim.
In December, 2002, Laci Denise Peterson was killed in the eighth month of her pregnancy in Modesto, California. Her husband Scott Peterson was convicted of first degree murder in her death and second degree murder in the death of her unborn child, Conner.
