04RS HB108


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HB 108/LM/CI (BR 16) - R. Damron, R. Adams, R. Adkins, A. Arnold, E. Ballard, J. Barrows, K. Bratcher, B. Buckingham, J. Callahan, M. Cherry, L. Clark, P. Clark, J. Coleman, H. Collins, T. Edmonds, C. Embry Jr, B. Farmer, D. Ford, J. Gooch, D. Graham, J. Gray, K. Hall, M. Harmon, C. Hoffman, S. Lee, P. Marcotte, L. Napier, R. Nelson, F. Nesler, D. Pasley, R. Rand, J. Richards, S. Riggs, A. Simpson, D. Sims, A. Smith, R. Thomas, T. Thompson, C. Walton, M. Weaver, R. Webb, R. Wilkey, B. Yonts

     AN ACT relating to the protection of unborn children.
     Create a new section of KRS Chapter 507 to include an unborn child after viability within the definition of "person" for purposes of the criminal homicide statutes to criminalize fetal homicide; create a new section of KRS Chapter 532 to provide a sentence enhancement for criminally causing a miscarriage or stillbirth of a fetus before viability.


     HCS/CI - Delete provisions of bill and insert new sections of KRS Chapter 507A to create the crimes of fetal homicide in the first, second, third, and fourth degree beginning from conception, prohibit imposition of the death penalty for the death of the unborn child, and exempt abortion, non-negligent medical and fertility treatment, and acts of the pregnant woman from coverage of the bill.

     HFA (1, C. Hoffman) - Amend to include emergency clause.

     HFA (2/Title, C. Hoffman) - Make title amendment.

     HFA (3, R. Damron) - Amend provision excluding abortion to which the pregnant woman has consented to include situations where consent is implied by law in a medical emergency.

     HFA (4, S. Lee) - Amend to allow imposition of a sentence of death.

     HFA (5, M. Marzian) - Delete everything after the enacting clause and create a new section of KRS Chapter 508 to define "health care provider", "miscarriage", and "stillbirth"; require increased felony penalty when a person commits a felony and causes injury to a pregnant woman that causes miscarriage or stillbirth; require increased misdemeanor penalty when a person commits a domestic violence misdemeanor and causes injury to a pregnant woman that causes miscarriage or stillbirth or permit the misdemeanor to become a Class D felony; exempt acts of health care providers during abortion, in vitro fertilization, or other diagnostic or treatment services, or acts of a pregnant woman.

     (Prefiled by the sponsor(s).)

     Jan 6-introduced in House
     Jan 7-to Judiciary (H)
     Jan 27-posting waived
     Jan 28-reported favorably, 1st reading, to Calendar with Committee Substitute ; floor amendments (1) (3) and (4) filed to Committee Substitute, floor amendment (2-title) filed
     Jan 29-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, January 30, 2004; floor amendment (5) filed to Committee Substitute
     Jan 30-3rd reading, passed 88-5 with Committee Substitute, floor amendments (1) (2-title) and (3)
     Feb 2-received in Senate
     Feb 5-to Judiciary (S)
     Feb 12-reported favorably, 1st reading, to Calendar
     Feb 13-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Tuesday, February 17, 2004
     Feb 17-passed over and retained in the Orders of the Day
     Feb 18-3rd reading, passed 33-4
     Feb 19-received in House; enrolled, signed by each presiding officer; delivered to Governor
     Feb 20-signed by Governor (Acts ch. 1)

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