Key Votes

LD 1463 - Penalties for Violent Offenses Against Fetuses - Key Vote

Maine Key Votes

Stages

Family

Issues

Stage Details

Legislation - "Ought to Pass as Amended" Report Not Adopted (House) (66-81) - (Key vote)

Title: Penalties for Violent Offenses Against Fetuses

Vote Smart's Synopsis:

Vote to pass a bill that requires criminals who harm or kill both a woman and her unborn fetus to be charged with 2 separate crimes.

Highlights:
  • Specifies that the bill does not apply to an abortion, legal or illegal, to which the mother consents, or acts which occur during standard medical procedures that may injure the fetus (Secs. 222-227).
  • Specifies that a person charged with a crime under this bill may also be charged with a separate crime of assault on a pregnant woman (Sec. 222).
  • Defines "murder" of a fetus as the following (Sec. 222):
    • Intentionally and knowingly causing the death of the fetus, or
    • Engaging in manner that shows a "depraved indifference" to the value of the fetus's "life" which results in the death of the fetus.
  • Defines "felony murder" of a fetus as the commission of or attempt to commit an unlawful act that results in the death of the fetus (Sec. 223).
  • Defines "manslaughter" of a fetus as the following (Sec. 224):
    • Recklessly or negligently causing the death of a fetus;
    • Intentionally or knowingly causing the death of a fetus while under the stress of great anger or fear; or
    • Being in charge of the place of business of the pregnant woman, and knowingly violating health codes that could reasonably result in the death of the fetus.
  • Defines "assault" on a fetus as intentionally, knowingly, or recklessly causing bodily injury to a fetus (Sec. 225).
  • Defines "aggravated assault" on a fetus as intentionally, knowingly, or recklessly causing (Sec. 226):
    • Serious bodily injury to a fetus;
    • Bodily injury to a fetus with the use of a weapon; or
    • Bodily injury to a fetus under circumstances which show serious disregard for the fetus's "life".
  • Defines "elevated aggravated assault" on a fetus as intentionally or knowingly causing serious bodily injury to a fetus with the use of a weapon (Sec. 227).
Legislation - "Ought to Pass as Amended" Report Not Adopted (Senate) (15-18) - (Key vote)

Title: Penalties for Violent Offenses Against Fetuses

Vote Smart's Synopsis:

Vote to pass a bill that requires criminals who harm or kill both a woman and her unborn fetus to be charged with 2 separate crimes.

Highlights:
  • Specifies that the bill does not apply to an abortion, legal or illegal, to which the mother consents, or acts which occur during standard medical procedures that may injure the fetus (Secs. 222-227).
  • Specifies that a person charged with a crime under this bill may also be charged with a separate crime of assault on a pregnant woman (Sec. 222).
  • Defines "murder" of a fetus as the following (Sec. 222):
    • Intentionally and knowingly causing the death of the fetus, or
    • Engaging in manner that shows a "depraved indifference" to the value of the fetus's "life" which results in the death of the fetus.
  • Defines "felony murder" of a fetus as the commission of or attempt to commit an unlawful act that results in the death of the fetus (Sec. 223).
  • Defines "manslaughter" of a fetus as the following (Sec. 224):
    • Recklessly or negligently causing the death of a fetus;
    • Intentionally or knowingly causing the death of a fetus while under the stress of great anger or fear; or
    • Being in charge of the place of business of the pregnant woman, and knowingly violating health codes that could reasonably result in the death of the fetus.
  • Defines "assault" on a fetus as intentionally, knowingly, or recklessly causing bodily injury to a fetus (Sec. 225).
  • Defines "aggravated assault" on a fetus as intentionally, knowingly, or recklessly causing (Sec. 226):
    • Serious bodily injury to a fetus;
    • Bodily injury to a fetus with the use of a weapon; or
    • Bodily injury to a fetus under circumstances which show serious disregard for the fetus's "life".
  • Defines "elevated aggravated assault" on a fetus as intentionally or knowingly causing serious bodily injury to a fetus with the use of a weapon (Sec. 227).
Legislation - Introduced (Senate) -

Title: Penalties for Violent Offenses Against Fetuses

Sponsors

  • Debra D. 'Deb' Plowman (ME - R) (Out Of Office)

Co-sponsors