[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1019 Placed on Calendar Senate (PCS)]
Calendar No. 89
108th CONGRESS
1st Session
S. 1019
To amend titles 10 and 18, United States Code, to protect unborn
victims of violence.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 7, 2003
Mr. DeWine (for himself, Mr. Graham of South Carolina, Mr. Hatch, Mr.
Brownback, Mr. Santorum, Mr. Bunning, Mr. Chambliss, Mr. Coleman, Mr.
Ensign, Mr. Enzi, Mr. Fitzgerald, Mr. Grassley, Mr. Inhofe, Mr. Kyl,
Mr. McCain, Mr. Nickles, Mr. Shelby, Mr. Talent, Mr. Voinovich, and Mr.
Allen) introduced the following bill; which was read the first time
May 8, 2003
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To amend titles 10 and 18, United States Code, to protect unborn
victims of violence.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unborn Victims of Violence Act of
2003''.
SEC. 2. PROTECTION OF UNBORN CHILDREN.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 90 the following:
``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN
``Sec.
``1841. Causing death of or bodily injury to unborn child.
``Sec. 1841. Causing death of or bodily injury to unborn child
``(a)(1) Any person who engages in conduct that violates any of the
provisions of law listed in subsection (b) and thereby causes the death
of, or bodily injury (as defined in section 1365) to, a child, who is
in utero at the time the conduct takes place, is guilty of a separate
offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment
provided for that conduct under Federal law had that injury or death
occurred to the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the defendant intended to cause the death of, or
bodily injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall be
punished as provided under section 1111, 1112, or 1113, as applicable,
for intentionally killing or attempting to kill a human being, instead
of the penalties that would otherwise apply under subparagraph (A).
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are the
following:
``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229,
242, 245, 247, 248, 351, 831, 844(d), 844(f), 844(h)(1),
844(i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119,
1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505,
1512, 1513, 1751, 1864, 1951, 1952(a)(1)(B), 1952(a)(2)(B),
1952(a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119,
2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332,
2332a, 2332b, 2340A, and 2441 of this title.
``(2) Section 408(e) of the Controlled Substances Act of
1970 (21 U.S.C. 848(e)).
``(3) Section 202 of the Atomic Energy Act of 1954 (42
U.S.C. 2283).
``(c) Subsection (a) does not permit prosecution--
``(1) for conduct relating to an abortion for which the
consent of the pregnant woman has been obtained or for which
such consent is implied by law in a medical emergency;
``(2) for conduct relating to any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) In this section--
``(1) the terms `child in utero' and `child, who is in
utero' mean a member of the species homo sapiens, at any stage
of development, who is carried in the womb; and
``(2) the term `unborn child' means a child in utero.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 90 the following:
``90A. Causing death of or bodily injury to unborn child.... 1841''.
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) Protection of Unborn Children.--Subchapter X of chapter 47 of
title 10, United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 919 (article 119) the following:
``Sec. 919a. Art. 119a. Causing death of or bodily injury to unborn
child
``(a)(1) Any person subject to this chapter who engages in conduct
that violates any of the provisions of law listed in subsection (b) and
thereby causes the death of, or bodily injury (as defined in section
1365 of title 18) to, a child, who is in utero at the time the conduct
takes place, is guilty of a separate offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment for
that conduct under this chapter had that injury or death occurred to
the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the defendant intended to cause the death of, or
bodily injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall be
punished as provided under section 918, 919, or 880 of this title
(article 118, 119, or 80), as applicable, for intentionally killing or
attempting to kill a human being, instead of the penalties that would
otherwise apply under subparagraph (A).
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are sections
918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title
(articles 111, 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
``(c) Subsection (a) does not permit prosecution--
``(1) for conduct relating to an abortion for which the
consent of the pregnant woman has been obtained or for which
such consent is implied by law in a medical emergency;
``(2) for conduct relating to any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) In this section--
``(1) the terms `child in utero' and `child, who is in
utero' mean a member of the species homo sapiens, at any stage
of development, who is carried in the womb; and
``(2) the term `unborn child' means a child in utero.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter X of chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), is amended by inserting after the item
relating to section 919 the following:
``919a. 119a. Causing death of or bodily injury to unborn child.''.
Calendar No. 89
108th CONGRESS
1st Session
S. 1019
_______________________________________________________________________
A BILL
To amend titles 10 and 18, United States Code, to protect unborn
victims of violence.
_______________________________________________________________________
May 8, 2003
Read the second time and placed on the calendar