2005 -- H 5628

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LC00139

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2005

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A N A C T

RELATING TO HEALTH AND SAFETY -- UNBORN VICTIMS OF VIOLENCE ACT

     Introduced By: Representatives Giannini, and DeSimone

     Date Introduced: February 16, 2005

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 4.13

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UNBORN VICTIMS OF VIOLENCE ACT

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     23-4.13-1. Short title. -- This chapter shall be known and may be cited as the "Unborn

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Victims of Violence Act."

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     23-4.13-2. Definitions. -- For purposes of this chapter:

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     (1) "Unborn child" means the unborn offspring of a human being conceived, but not yet

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completely born;

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     (2) "Whoever" does not include the pregnant woman whose unborn child is killed or

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injured;

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     (3) "Another" means the unborn child or any human being other than the actor;

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     (4) "Without lawful justification" means acting under circumstances in which the use of

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lethal force is not legally justified.

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     23-4.13-3. Murder of an unborn child. -- (a) Whoever, without lawful justification,

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causes the death of an unborn child is guilty of murder of an unborn child if he or she:

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     (1) intends to cause the death of or do great bodily harm to another or knows that his or

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her acts will cause the death or do great bodily harm to another;

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     (2) knows that his or her acts create a strong probability of death or great bodily harm to

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another;

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     (3) attempts or commits a forcible felony; or

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     (4) perpetrates an act eminently dangerous to another and evinces a depraved mind,

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without regard for human or fetal life.

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     (b) "Forcible felony" means any felonious act that involves a high risk of violence.

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     (c) Penalty. The sentence for murder of an unborn child shall be equal to that for murder

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pursuant to section 11-23-2. The death penalty shall not be imposed.

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     23-4.13-4. Voluntary manslaughter of an unborn child. -- (a) Whoever, without lawful

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justification, causes the death of an unborn child is guilty of voluntary manslaughter of an unborn

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child if he or she:

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     (1) intends to cause the death of another in an immediate response provoked by such

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words or acts of another as would provoke a person of ordinary self-control under like

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circumstances;

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     (2) commits or attempts to commit a misdemeanor offense with such force or violence

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that the death of or great bodily harm to another was reasonably foreseeable; or

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     (3) intends to cause the death of an unborn child because the actor is coerced by threats

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made by someone other than his or her co-conspirator and which cause the actor to reasonably

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believe that his or her act is the only means of preventing imminent death to the actor or another.

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     (b) Penalty. Voluntary manslaughter of an unborn child is a felony.

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     23-4.13-5. Involuntary manslaughter of an unborn child. -- (a) Whoever, without

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lawful justification, causes the death of an unborn child is guilty of involuntary manslaughter of

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an unborn child if he or she:

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     (1) creates an unreasonable risk by his or her culpable negligence and consciously takes a

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chance of causing death or great bodily harm to another;

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     (2) shoots the mother of the unborn child with a firearm or other dangerous weapon as a

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result of negligently believing her to be an animal;

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     (3) sets a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or

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     (4) negligently permits any animal known by the actor to have vicious propensities or to

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have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's

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premises, or negligently fails to keep that animal properly confined.

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     (b) Penalty. Involuntary manslaughter of an unborn child is a felony.

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     23-4.13-6. Battery of an unborn child. -- (a) Whoever, without legal justification,

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inflicts great or substantial bodily harm upon an unborn child, who is subsequently born alive, by

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intentionally or knowingly touching a pregnant woman without her consent is guilty of battery of

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an unborn child.

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     (b) Penalty. Battery of an unborn child resulting in great bodily harm to the unborn child

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is a felony. Battery of an unborn child resulting in substantial bodily harm to the unborn child is a

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misdemeanor.

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     (c) As used in this section, "great bodily harm" includes, but is not limited to, permanent

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disability or disfigurement.

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     (d) As used in this section, "substantial bodily harm" includes, but is not limited to, the

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birth of the unborn child prior to thirty-seven (37) weeks' gestation if the child weighs two

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thousand five hundred grams (2,500) or less at the time of birth.

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     (e) "Substantial bodily harm" does not include the inducement of the unborn child's birth

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when done for bona fide medical purposes.

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     23-4.13-7. Assault of an unborn child. -- (a) Whoever, without legal justification, does

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any of the following commits assault of an unborn child:

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     (1) commits any act with the intent to cause fear in a pregnant woman of immediate

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bodily harm to herself or with the intent to cause fear in a pregnant woman of the death of her

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unborn child; or

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     (2) intentionally inflicts or attempts to inflict bodily harm on an unborn child who is

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subsequently born alive.

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     (b) Penalty. Assault of an unborn child is a misdemeanor.

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     23-4.13-8. Exceptions. -- This act does not apply to: (1) acts which cause the death of an

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unborn child if those acts were committed during a legal abortion to which the pregnant woman

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consented.

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     (2) acts which are committed pursuant to usual and customary standards of medical

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practice during diagnostic testing or therapeutic treatment.

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     23-4.13-9. Other convictions not barred. -- A prosecution for or conviction under this

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chapter is not a bar to conviction of or punishment for any other crime committed by the

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defendant as part of the same conduct.

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     23-4.13-10. Severability. -- If any provision, word, phrase, or clause of this chapter or

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the application thereof to any person or circumstance is held invalid, such invalidity shall not

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effect the provisions, words, phrases, clauses, or applications of this part which can be given

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effect without the invalid provision, word, phrase, clause, or application and to this end, the

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provisions, words, phrases, and clauses are declared to be severable.

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     SECTION 2. This act shall take effect upon passage.

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LC00139

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- UNBORN VICTIMS OF VIOLENCE ACT

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     This act would establish the Unborn Victims of Violence Act.

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     This act would take effect upon passage.

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LC00139

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