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2004 SESSION

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HB 1 Feticide; penalty.

Introduced by: John A. Cosgrove | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Feticide.  Provides that any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another is guilty of a Class 2 felony. The bill also provides that any person who unlawfully, willfully, deliberately and maliciously kills the fetus of another is guilty of a felony punishable by confinement in a state correctional facility for not less than five nor more than 40 years.  This bill is identical to SB 319.

SUMMARY AS PASSED HOUSE:

Feticide. Provides that any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another is guilty of a Class 2 felony. The bill also provides that any person who unlawfully, willfully, deliberately and maliciously kills the fetus of another is guilty of a felony punishable by confinement in a state correctional facility for not less than five nor more than 40 years, and that any person who unlawfully, willfully and deliberately, without malice, kills the fetus of another is guilty of a Class 5 felony.

SUMMARY AS INTRODUCED:

Feticide. Provides that feticide is murder when the person who committed the act or acts resulting in the death of the fetus did so with malice aforethought, the person intended to cause the death of the pregnant woman or her fetus, the death of the fetus was not the result of a lawful abortion or an abortion to which the pregnant woman consented, and the person who committed the act or acts resulting in the death of the fetus was not the pregnant woman.