On July 15, the House Judiciary Subcommittee on the Constitution approved, 6-3, 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.
Pointing out that “an overwhelming majority of Americans 84 percent in fact believe that prosecutors should be able to bring a homicide charge on behalf of an unborn child killed in the womb,” Chair Steve Chabot (R-OH) stated that “refusing to punish criminals separately for such crimes and denying the recognition of innocent, unborn victims add insult to the horrific injury experienced by a surviving mother or her grieving family.”
Rep. Jerrold Nadler (D-NY) said that the House should stiffen penalties for crimes against pregnant women without “plunging a legitimate law enforcement effort into the murky waters of the abortion debate.”
During consideration of the bill, Rep. Bobby Scott (D-VA) offered an amendment that would have required the U.S. Sentencing Commission to “review and amend” federal sentencing guidelines to “enhance” sentences related to federal crimes that cause injury or death to pregnant women, in part by taking into account harm done to the fetus. The amendment was defeated by voice vote.
In addition, Rep. Nadler said that, during full committee consideration, he planned to offer as a substitute a bill sponsored by Rep. Zoe Lofgren (D-CA), the Motherhood Protection Act (H.R. 2247), which would severely increase the punishment for a person who committed a crime against a pregnant woman.
This is not the first time that Congress has considered such legislation. The House passed, 252-172, a similar bill (H.R. 503) in the 107th Congress (see The Source, 4/27/01), but the Senate did not act on the bill. This year, Sen. Mike DeWine (R-OH) introduced comparable legislation (S. 146) in the Senate.
