GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                     1

SENATE BILL 26

Short Title:        Injury to Pregnant Women/Additional Offense.		(Public)
Sponsors:	Senators Brunstetter;  Allran, Apodaca, Berger of Rockingham, Bingham, Blake, Brock, Brown, Davis, Forrester, Goodall, Jacumin, Preston, and Stevens.
Referred to:	Judiciary I.

February 3, 2009

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.