Unborn Victims of Violence Act of 2004

UNBORN VICTIMS OF VIOLENCE ACT OF 2004

Mr. ALLEN. Mr. President, I rise today in support of the Unborn Victims of Violence Act, or what many individuals refer to as "Laci and Conner's Law."

We have all heard the tragic story of Laci and Conner Peterson; Laci, 8 months pregnant with her unborn son Conner, were viciously murdered at the hands of a killer. Regrettably, Laci and Conner's story is only one of many instances where a woman is harmed and may not only lose her life but the life of her unborn child.

In my Commonwealth of Virginia, we had a similar tragic situation occur in April of 2002. Ronda Robinson was maliciously gunned down in her Lynchburg home, while her two daughters watched in terror. Like Laci, Ronda was in her third trimester when she and her unborn child had their lives taken.

At that time, Virginia did not have a fetal homicide law on the books, and the Commonwealth was unable to bring a homicide charge against the murderer for the killing of Ronda's unborn child.

Unfortunately, the situation in Virginia and many other States remains the same. If a mother survives an assault, but loses her unborn child, the law currently does not recognize any loss of any human life at all.

However, I am pleased that the Virginia General Assembly has taken steps to correct this wrong. This year, the Virginia General Assembly overwhelmingly passed legislation that would hold an individual accountable who, "unlawfully, willfully, deliberately, maliciously, and with premeditation kills the fetus of another." Twenty-Nine senators or 72 percent of the senate and 77 members of the house of delegates or 77 percent of the house supported this legislation.

While this legislation has not yet been signed into law, I am hopeful that Virginia will follow the lead of the 29 other States that have passed this important and meaningful legislation.

I have the same optimism for the Unborn Victims of Violence Act. We have a chance to hear the voice of the voiceless and bring fairness to a system that has essentially told hundreds of women and their families, their unborn child never existed.

I have been blessed with four great gifts, my loving wife and my three wonderful children. I have witnessed my children grow and live healthy and happy lives. I see what my children have accomplished so far in their lives and I am eager to see what other great accomplishments will follow. But many individuals are unable to witness the birth and growth of their child because of a violent criminal act.

Throughout my tenure in public service, whether it was in the Virginia House of Delegates, U.S. House of Representatives, Governor's office, or now in the U.S. Senate, I have always tried to be tough on criminals. I have always believed in the principle that if you commit a crime, you should be punished.

The Unborn Victims of Violence Act closely upholds my beliefs by making criminals accountable for their actions. Under current Federal law, an individual who commits a Federal crime of violence and kills or injures an unborn child cannot be prosecuted for those violent acts against the unborn child. The Unborn Victims of Violence Act seeks to rectify this
situation and close that loophole.

Under this bill, if an unborn child is injured or killed during the commission of an already-defined Federal crime of violence, then the assailant could be charged with a separate offense for the second, enhanced crime upon the unborn child.

Opponents of the Unborn Victims of Violence Act contend that this will hamper a woman's right to choose and constitute an attack on Roe v. Wade. This is simply false. In fact, this legislation explicitly provides that it does not apply to any abortion to which a woman has consented, to any act of the mother herself, legal or illegal, or to any form of medical treatment.

In addition, opponents have brought numerous challenges against State unborn victims laws, based on Roe and other constitutional arguments, and all of these challenges have been rejected by State and Federal courts.

I have always been a strong supporter of rights of the people in the States to determine their laws so long as it does not harm interstate commerce or our Constitution. This bill safeguards those States' laws. This legislation does not supersede State unborn victims laws, nor does it impose such a law in a State that does not have one on the books. The Unborn Victims of Violence Act merely applies to an already defined set of Federal crimes.

The bottom line is that criminals must be held accountable for their actions. The Unborn Victims of Violence Act ensures that justice is sought and available for the totality of the violent murderous act. This is good, solid legislation that is tough on crime, appropriately punishes criminals, and meets the ends of justice desired by law-abiding citizens.

I urge my colleagues to support this bill so that we can send it to President Bush for his signature and ensure that justice will be served.