On February 26, the House approved, 254-163, a bill (H.R. 1997) dealing with fetal protection. The House Judiciary Committee approved the measure on January 21 (see The Source, 1/23/04).
Sponsored by Rep. Melissa Hart (R-PA), the Unborn Victims of Violence Act, or “Laci and Conner’s Law,” would create a separate offense if an individual kills or injures an “unborn child” while committing a federal crime against a pregnant woman. Abortion providers and women who consent to have an abortion would be exempt from prosecution. The House passed similar legislation (H.R. 503) in the 107th Congress, but the Senate did not act on the bill (see The Source, 4/27/01).
Rep. Nita Lowey (D-NY) argued that the bill “is not about shielding pregnant women or fetuses from violent acts; it is and has always been about undermining freedom of choice. Instead of finding new ways to revisit the divisive abortion battle, I believe Americans want us to focus our efforts on ways of providing women with access to prenatal care, affordable contraception, health care and violence prevention.”
Disputing claims that H.R. 1997 is about abortion, Rep. Ginny Brown-Waite (R-FL) pointed out, “The abortion debate is really over a woman’s right to choose. This legislation affirms a woman’s right to choose by punishing the criminal that has robbed her not only of her choice, but also of her child. Nothing in the Roe v. Wade decision prevents Congress from recognizing lives of the unborn children outside the parameters of the right to an abortion.”
During consideration of the bill, Rep. Zoe Lofgren (D-CA) offered a substitute amendment based on the text of the Motherhood Protection Act (H.R. 2247). The substitute would have made it a federal offense to assault a pregnant woman. If convicted, a perpetrator could be subject to up to 20 years in prison for a prenatal injury, or to life in prison for causing the termination of the pregnancy. The amendment was defeated, 186-229.
Members supporting the substitute claimed it was vital to address violence against pregnant women. Arguing that the bill “ignores women,” Rep. Lofgren stated, “H.R. 1997 does not address the woman nor the assault committed against her. Under H.R. 1997, there is a possibility that the crime against the woman could go unpunished because there is no conviction requirement for the underlying crime.”
Rep. Hart disagreed. “The Lofgren substitute…fails entirely to recognize unborn children as victims of violent crime; in fact, transforming the child’s injuries to what amount to mere abstractions. The terminology in this substitute is virtually incomprehensible, and if adopted, it will almost certainly jeopardize any prosecution for injuring or killing an unborn child during the commission of a violent crime against the mother.”
The Senate is expected to consider its version of the Unborn Victims of Violence Act (S. 1019) next week.
