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2020 SESSION
20100663DBe it enacted by the General Assembly of Virginia:
1. That § 32.1-249 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-249. Definitions.
As used in this chapter:
1. "Dead
body" means a human body or such parts of such human body, in any state of decomposition,
from the condition of which it reasonably may be concluded that death recently occurred.
2. "Fetal
death" means death prior to the complete expulsion or extraction from its
mother of a product of human conception, regardless of the duration of
pregnancy; death is indicated by the fact that after such expulsion or
extraction the fetus does not breathe or show any other evidence of life such
as beating of the heart, pulsation of the umbilical cord, or definite movement
of voluntary muscles.
a. "Induced termination of pregnancy" means the intentional interruption of pregnancy with the intention to produce other than a live-born infant or to remove a dead fetus and which does not result in a live birth.
b. "Spontaneous fetal death" means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy.
3. "File"
means the presentation of a vital record provided for in this chapter for
registration by the Department.
4. "Final
disposition" means the burial, interment, cremation, removal from the
Commonwealth or other authorized disposition of a dead body or fetus.
5. "Institution"
means any establishment, public or private, which provides inpatient medical,
surgical, or diagnostic care or treatment, or nursing, custodial or domiciliary
care, or to which persons are committed by law.
6. "Live
birth" means the complete or substantial expulsion or extraction from its
mother of a product of human conception, irrespective of the duration of
pregnancy, which, after such expulsion or extraction, breathes or shows any
other evidence of life such as beating of the heart, pulsation of the umbilical
cord, or definite movement of voluntary muscles, whether or not the umbilical
cord has been cut or the placenta is attached.
"Substantial expulsion or extraction" means, in the case of a headfirst presentation, the infant's entire head is outside the body of the mother or, in the case of a breech delivery, when any part of the infant's trunk past the navel is outside the body of the mother.
7. "Physician"
means a person authorized or licensed to practice medicine or osteopathy in
this Commonwealth.
8. "Registration"
means the acceptance by the Department and the incorporation of vital records
as provided for in this chapter into its official records.
9. "System
of vital records" means the registration, collection, preservation,
amendment, and certification of vital records; the collection of other reports
required by this chapter; and related activities.
10. "Vital
records" means certificates or reports of births, deaths, fetal deaths,
adoptions, marriages, divorces or annulments and amendment data related
thereto.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.