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1996 SESSION

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967741649
HOUSE BILL NO. 214 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on February 28, 1996) (Patron Prior to Substitute--Delegate Watts) A BILL to amend and reenact § 18.2-51.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-32.1, relating to murder; aggravated malicious wounding; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-51.2 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-32.1 as follows:

§ 18.2-32.1. Murder of unborn.

The willful, deliberate and premeditated killing of a conceived, unborn but viable human offspring of another female, other than by lawful abortion, with intent to cause the death of that unborn offspring or the death of any other person, is murder in the first degree. If such killing is accomplished without premeditation, it is murder in the second degree.

§ 18.2-51.2. Aggravated malicious wounding; penalty.

A. If any person maliciously shoots, stabs, cuts or wounds any other person, or by any means causes bodily injury, with the intent to maim, disfigure, disable or kill, he shall be guilty of a Class 2 felony if the victim is thereby severely injured and is caused to suffer permanent and significant physical impairment.

B. For purposes of this section, any person who is caused to suffer an involuntary termination of her pregnancy shall be deemed to have suffered a permanent and significant physical impairment.

2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $.