UNBORN VICTIMS OF VIOLENCE ACT OF 2003 -- (House of Representatives - February 26, 2004)
Mr. SENSENBRENNER. Mr. Speaker, pursuant to House Resolution 529, I call up the bill (H.R. 1997) to amend title 18, United States Code, and the Uniform Code of Military Justice to protect unborn children from assault and murder, and for other purposes, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Linder). Pursuant to House Resolution 529, the bill is considered read for amendment.
The text of H.R. 1997 is as follows:
H.R. 1997
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Unborn Victims of Violence Act of 2003" or "Laci and Conner's Law".
SEC. 2. PROTECTION OF UNBORN CHILDREN.
(a) IN GENERAL.-Title 18, United States Code, is amended by inserting after chapter 90 the following:
"CHAPTER 90A-PROTECTION OF UNBORN CHILDREN
"Sec.
"1841. Protection of unborn children."§1841. Protection of unborn children
"(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.
"(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother.
"(B) An offense under this section does not require proof that-
"(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
"(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child.
"(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being.
"(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.
"(b) The provisions referred to in subsection (a) are the following:
"(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title.
"(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)).
"(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283).
"(c) thing in this section shall be construed to permit the prosecution-
"(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
"(2) of any person for any medical treatment of the pregnant woman or her unborn child; or
"(3) of any woman with respect to her unborn child.
"(d) As used in this section, the term 'unborn child' means a child in utero, and the term 'child in utero' or 'child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.".
(b) CLERICAL AMENDMENT.-The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following new item:
"90A. Protection of unborn children
1841".
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) PROTECTION OF UNBORN CHILDREN.-Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of
Military Justice), is amended by inserting after section 919 (article 119) the following new section:"§919a. Art. 119a. Protection of unborn children
"(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.
"(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under this chapter for that conduct had that injury or death occurred to the unborn child's mother.
"(B) An offense under this section does not require proof that-
"(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
"(ii) the accused intended to cause the death of, or bodily injury to, the unborn child.
"(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under subparagraph (A), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being.
"(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.
"(b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
"(c) Nothing in this section shall be construed to permit the prosecution-
"(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
"(2) of any person for any medical treatment of the pregnant woman or her unborn child; or
"(3) of any woman with respect to her unborn child.
"(d) In this section, the term 'unborn child' means a child in utero, and the term 'child in utero' or 'child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.".
(b) CLERICAL AMENDMENT.-The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 919 the following new item:
"919a. 119a. Protection of unborn children.".
The SPEAKER pro tempore. The amendment printed in the bill, modified by the amendment printed in part A of House Report 108-427, is adopted.
The text of H.R. 1997, as amended, as modified, is as follows:
H.R. 1997
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Unborn Victims of Violence Act of 2004" or "Laci and Conner's Law".
SEC. 2. PROTECTION OF UNBORN CHILDREN.
(a) IN GENERAL.-Title 18, United States Code, is amended by inserting after chapter 90 the following:
"CHAPTER 90A-PROTECTION OF UNBORN CHILDREN
"Sec.
"1841. Protection of unborn children."§1841. Protection of unborn children
"(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.
"(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother.
"(B) An offense under this section does not require proof that-
"(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
"(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child.
"(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being.
"(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.
"(b) The provisions referred to in subsection (a) are the following:
"(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title.
"(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)).
"(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283).
"(c) Nothing in this section shall be construed to permit the prosecution-
"(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
"(2) of any person for any medical treatment of the pregnant woman or her unborn child; or
"(3) of any woman with respect to her unborn child.
"(d) As used in this section, the term 'unborn child' means a child in utero, and the term 'child in utero' or 'child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.".
(b) CLERICAL AMENDMENT.-The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following new item:
"90A. Protection of unborn children
1841".
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) PROTECTION OF UNBORN CHILDREN.-Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 919 (article 119) the following new section:"§919a. Art. 119a. Death or injury of an unborn child
"(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn child's mother.
"(2) An offense under this section does not require proof that-
"(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
"(ii) the accused intended to cause the death of, or bodily injury to, the unborn child.
"(3) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under paragraph (1), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being.
"(4) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.
"(b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
"(c) Nothing in this section shall be construed to permit the prosecution-
"(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
"(2) of any person for any medical treatment of the pregnant woman or her unborn child; or
"(3) of any woman with respect to her unborn child.
"(d) In this section, the term 'unborn child' means a child in utero, and the term 'child in utero' or 'child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.".
(b) CLERICAL AMENDMENT.-The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 919 the following new item:
"919a. 119a. Death or injury of an unborn child".
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Ms. WATSON. Mr. Speaker, I rise today in strong opposition to H.R. 1997, the Unborn Victims of Violence Act. The bill seeks to recognize a fetus at any stage of development as a person. I think we are all aware scientifically that a fetus cannot survive on its own like a person can. This bill is yet another covert attack on a woman's right to choose waged by extreme thinking. It sacrifices real protections for women at the expense of a politically driven agenda to undercut Roe v. Wade, and I strongly urge my colleagues to reject this antichoice bill.
H.R. 1997 defines the phrase "child in utero" or "unborn child" as a fetus at any stage of development from conception to birth. In effect, the language undercuts Roe v. Wade, which held that a fetus even after viability is not a person for purposes of the 14th amendment. By creating a new Federal crime for bodily injury and/or death of an unborn child, the bill opens a new door of litigation over when life begins in the context of criminal prosecutions.
H.R. 1997 also contributes little to the actual protection of women. Rather than enhancing penalties under existing law for criminal acts against pregnant women, the bill diverts the attention to the fetus. As Juley Fulcher of the nonpartisan National Coalition Against Domestic Violence stated in her testimony to Congress, "The goal of the act is to further a specific political agenda. The result is that the crime committed against a pregnant woman is no longer about the woman victimized by violence."
Make no mistake about it, violence against women remains a serious issue in today's society, and Congress should address the issue. The statistics are shocking but true: The leading cause of death of pregnant women is murder. It is one of the reasons why I support the Lofgren substitute amendment that targets the crime of violence against pregnant women without falling into an antichoice trap. The substitute would create a separate and distinct crime for any violence or assaulting conduct against a pregnant woman that interrupts or terminates her pregnancy in addition to the assault on the pregnant woman. This is the appropriate approach to the issue. I strongly urge my colleagues to reject H.R. 1997 and support the Lofgren substitute.
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