SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2002 SESSION

  • | print version

HB 1154 Medically induced infanticide; penalty.

Introduced by: Robert G. Marshall | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Medically induced infanticide; penalty. Creates a Class 4 felony for any person to cause the death of a living fetus by deliberately and intentionally performing either: (i) the delivery of a living fetus or a substantial portion thereof into the vagina for the purpose of performing a subprocedure intended to kill the fetus, performing the subprocedure and completing the delivery of the fetus regardless of whether death occurs before or after delivery or (ii) surgically accessing a living fetus by Caesarian section for the purpose of performing a subprocedure intended to kill the fetus, performing the subprocedure and delivering the fetus whether death occurs before or after delivery. The procedure is deemed necessary for the preservation of the life or health of the pregnant woman only if it will avert her death or avoid a serious risk of substantial and irreversible impairment of a major bodily function. The bill includes a severability clause.

SUMMARY AS PASSED HOUSE:

Medically induced infanticide; penalty. Creates a Class 4 felony for any person to cause the death of a living fetus by deliberately and intentionally performing either: (i) the delivery of a living fetus or a substantial portion thereof into the vagina for the purpose of performing a subprocedure intended to kill the fetus, performing the subprocedure and completing the delivery of the fetus regardless of whether death occurs before or after delivery or (ii) surgically accessing a living fetus by Caesarian section for the purpose of performing a subprocedure intended to kill the fetus, performing the subprocedure and delivering the fetus whether death occurs before or after delivery. The procedure is deemed necessary for the preservation of the life or health of the pregnant woman only if it will avert her death or avoid a serious risk of substantial and irreversible impairment of a major bodily function. The bill includes a severability clause.

SUMMARY AS INTRODUCED:

Medically induced infanticide; penalty. Creates a Class 4 felony for any person to deliberately and intentionally deliver a living fetus or a substantial portion thereof into the vagina for the purpose of performing a procedure such person knows will directly kill the fetus, perform the procedure, kill the fetus and complete the delivery. The procedure proscribed by this section shall include each of the following elements: (i) deliberate dilatation of the cervix, usually over a sequence of days; (ii) instrumental conversion of the fetus to a footling breech;(iii) breech extraction of the body excepting the head; and (iv) partial evacuation of the intracranial contents of a living fetus, to effect vaginal delivery of a dead intact fetus.