GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S D
SENATE DRS55018-RK-12 (01/29)
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Short Title: Injury to Pregnant Women/Additional Offense. |
(Public) |
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Sponsors: |
Senator Brunstetter. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to Amend the state law that makes injury to a pregnant woman a one classification higher Offense to a separate offense, 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,
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑18.2 reads as rewritten:
"§
14‑18.2. Injury to pregnant woman.woman; separate offense;
punishment.
(a) Definitions. The following definitions shall apply in this section:
(1) Miscarriage. The interruption of the normal development of the fetus, other than by a live birth, and which is not an induced abortion permitted under G.S. 14‑45.1, resulting in the complete expulsion or extraction from a pregnant woman of the fetus.
(2) Stillbirth. The death of a fetus prior to the complete expulsion or extraction from a woman irrespective of the duration of pregnancy and which is not an induced abortion permitted under G.S. 14‑45.1.
(b) Except as otherwise provided in this section, A
a person who in the commission of a felony causes injury to a pregnant
woman, knowing the woman to be pregnant, which injury results in a
miscarriage or stillbirth by the woman woman, is guilty of a
separate felony offense that is one class higher than the felony
committed. For the purposes of this section only, a felony causing injury to
a pregnant woman shall include felony offenses that result in the death of the
pregnant woman.
(c) A person who in the commission of a misdemeanor
that is an act of domestic violence as defined in Chapter 50B of the General
Statutes causes injury to a woman, knowing the woman to be pregnant, which
results in miscarriage or stillbirth by the woman woman, is guilty
of a separate misdemeanor offense that is one class higher than
the misdemeanor committed. If the underlying offense was a Class A1
misdemeanor, the defendant is guilty of a Class I felony for the offense
under subsection (b) of this section.
(d) This section shall not apply to acts committed by a pregnant woman which result in a miscarriage or stillbirth by the woman.
(e) If the underlying offense is a Class A or Class B1 felony, then the separate offense under subsection (b) of this section shall be a Class A felony.
(f) A felony under this section shall not be used as the underlying felony for a charge of felony murder."
SECTION 2. G.S. 15A‑1340.16(d) reads as rewritten:
"(d) Aggravating Factors. The following are aggravating factors:
(11) The victim was very young, or very old, or
mentally or physically infirm, pregnant, or handicapped.
. "
SECTION 3. This act becomes effective December 1, 2009, and applies to offenses committed on or after that date.