skip to main content

House Committee Approves Unborn Victims of Violence Act

On January 21, the House Judiciary Committee approved, 20-13, a bill (H.R. 1997) dealing with fetal protection.

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 (see The Source, 4/27/01), but the Senate did not act on the bill.

According to Rep. Steve Chabot (R-OH), “homicide is the leading cause of death of pregnant women” in many parts of the country. He further stated that while many states have enacted statutes permitting the prosecution of a crime against both a pregnant woman and her unborn child, injuring or killing an unborn child during the commission of a violent crime “has no legal consequences under federal law.”

Rep. Zoe Lofgren (D-CA) argued that H.R. 1997 would diminish the rights of women by defining a zygote “as a person under law,” undermining the 1973 U.S. Supreme Court decision in Roe v. Wade.

Rep. Lofgren offered as a substitute the Motherhood Protection Act (H.R. 2247), which would have severely increased the penalties for a person who committed a crime against a pregnant woman. “Anyone who assaults a pregnant woman should know that they face a life sentence,” she stated. Rep. Chabot countered that the terminology in the substitute bill was “hopelessly confusing,” and the amendment was defeated, 11-19.

The committee also defeated the following amendments:

  • an amendment by Rep. Tammy Baldwin (D-WI) that would have specified that nothing in the bill “shall be construed as undermining a woman’s right to choose an abortion as guaranteed by the United States Constitution” or would limit in any way the rights and freedoms of pregnant women. The amendment was defeated, 11-20;
  • an amendment by Rep. Bobby Scott (D-VA) that would have directed the federal sentencing commission to amend sentencing guidelines for crimes that cause injury or death to a pregnant woman. The amendment was defeated by voice vote; and
  • an amendment by Rep. Scott that would have deleted language in the bill that allows convictions even in cases where prosecutors do not show a defendant knew that the victim was pregnant or do not prove that a defendant intended to cause death or injury to a fetus. The amendment was defeated by voice vote.

The House may consider H.R. 1997 as early as next month. Sen. Mike DeWine (R-OH) has introduced a comparable bill (S. 146) in the Senate.