|
2012 -- H 7010 | |
|
======= | |
|
LC00193 | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2012 | |
|
| |
|
____________ | |
|
| |
|
A N A C T | |
|
RELATING TO CRIMINAL OFFENSES | |
|
|
|
|
|
|
|
Introduced By: Representatives Brien, Corvese, Azzinaro, Savage, and Palumbo | |
|
Date Introduced: January 04, 2012 | |
|
Referred To: House Judiciary | |
|
It is enacted by the General Assembly as follows: | |
|
1-1 |
SECTION 1. Chapter 11-5 of the General Laws entitled "Assaults" is hereby amended by |
|
1-2 |
adding thereto the following section: |
|
1-3 |
11-5-17. Assault upon a pregnant woman causing miscarriage or stillbirth. -- Every |
|
1-4 |
person who shall make an assault or battery, or both, causing physical injury to a pregnant woman |
|
1-5 |
causing her to suffer a miscarriage or stillbirth as a result of that injury, shall be punished by |
|
1-6 |
imprisonment not exceeding thirty (30) years; provided, however, that if the fetus is determined |
|
1-7 |
to be twelve (12) weeks or older, the punishment shall be life in prison. |
|
1-8 |
For the purpose of this section: |
|
1-9 |
(1) “Physical injury” means the impairment limited to the inability to complete a full- |
|
1-10 |
term pregnancy, as defined by the pregnant woman’s physician, or the infliction of substantial |
|
1-11 |
pain; |
|
1-12 |
(2) “Miscarriage” means the interruption of the normal development of the fetus, other |
|
1-13 |
than by a live birth and which is not an induced abortion, resulting in the complete expulsion or |
|
1-14 |
extraction of a fetus from a pregnant woman; and |
|
1-15 |
(3) “Stillbirth” means the death of a fetus prior to the complete expulsion or extraction |
|
1-16 |
from its mother, irrespective of the duration of pregnancy and which is not an induced abortion, |
|
1-17 |
and death is manifested by the fact that after the expulsion or extraction, the fetus does not |
|
1-18 |
breathe spontaneously or show other evidence of life such as heartbeat, pulsation of the umbilical |
|
1-19 |
cord, or definite movement of voluntary muscles. |
|
2-20 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC00193 | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO CRIMINAL OFFENSES | |
|
*** | |
|
3-1 |
This act would make assault on a pregnant woman which causes her to suffer a |
|
3-2 |
miscarriage or stillbirth punishable by up to thirty (30) years imprisonment, and life |
|
3-3 |
imprisonment if the fetus is 12 weeks or older. |
|
3-4 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC00193 | |
|
======= |