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1997 SESSION

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971609236
SENATE BILL NO. 495 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by Delegate Forbes on January 21, 1997) (Patron Prior to Substitute--Senator Earley) A BILL to amend the Code of Virginia by adding a section numbered 18.2-32.1, relating to murder; penalty.

Be it enacted by the General Assembly of Virginia:

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

§ 18.2-32.1. Murder of a human fetus.

For the purposes of this article and the laws of the Commonwealth relating to murder, a human fetus can be the victim of a murder, provided that the:

1. Person who committed the act or acts resulting in the death of the fetus did so with malice aforethought;

2. Person intended to cause the death of the pregnant woman or her fetus;

3. Act or acts resulting in the death of the fetus were not a lawful abortion or an abortion to which the pregnant woman consented;

4. Fetus had developed sufficiently so that it was viable; and

5. Person who committed the act or acts resulting in the death of the fetus was not the pregnant woman whose fetus was killed.

This section shall apply irrespective of whether the person who committed the act or acts resulting in the death of the fetus knew of the pregnancy of the woman or the existence of the fetus.

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 $0.