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2010 SESSION

10103938D
SENATE BILL NO. 602
Senate Amendments in [ ] -- February 9, 2010
A BILL to amend the Code of Virginia by adding a section numbered 18.2-32.3, relating to human infant; independent and separate existence.
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Patrons Prior to Engrossment--Senators Newman, Hurt, Colgan, Hanger, Martin, Obenshain, Puckett, Reynolds, Ruff, Smith, Stuart and Vogel; Delegates: Byron, Cline, Garrett and Putney
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 18.2-32.3 as follows:

§ 18.2-32.3 Human infant; independent and separate existence.

For the purposes of this article and § 18.2-371.1, the determination of an independent and separate existence of a human infant from its mother shall not be conditioned solely upon whether or not the umbilical cord has been cut or the placenta detached.

2.   [ That the provisions of this act are declarative of existing law.

3.  ] That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 781 of the Acts of Assembly of 2009 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.