06
SB77/AP
Senate
Bill 77
By:
Senators Unterman of the 45th, Hudgens of the 47th, Schaefer of the 50th,
Goggans of the 7th, Shafer of the 48th and
others
AS PASSED
AS PASSED
AN
ACT
To
amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating
to crimes against the person, so as to revise the definition of feticide; to
prohibit the voluntary manslaughter of an unborn child; to prohibit assaults and
batteries of unborn children under certain circumstances; to provide for
punishment for persons convicted of such offenses; to amend Article 15 of
Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to
serious traffic offenses, so as to remove the requirement that an unborn child
be quick in the definition of feticide by vehicle; to amend Article 1 of Chapter
7 of Title 52 of the Official Code of Georgia Annotated, relating to general
provisions concerning registration, operation, and sale of watercraft, so as to
remove the requirement that an unborn child be quick in the definition of
feticide by vessel; to provide for definitions; to provide for exceptions; to
provide for applicability; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes
against the person, is amended by striking Code Section 16-5-20, relating to
simple assault, and inserting a new Code Section 16-5-20 and by adding at the
end of Article 2, relating to assault and battery, new Code Sections 16-5-28 and
16-5-29 to read as follows:
"16-5-20.
(a)
A person commits the offense of simple assault when he or she
either:
(1)
Attempts to commit a violent injury to the person of another; or
(2)
Commits an act which places another in reasonable apprehension of immediately
receiving a violent injury.
(b)
Except as provided in subsections (c) through (h) of this Code section, a person
who commits the offense of simple assault shall be guilty of a
misdemeanor.
(c)
Any person who commits the offense of simple assault in a public transit vehicle
or station shall, upon conviction thereof, be punished for a misdemeanor of a
high and aggravated nature. For purposes of this Code section, 'public transit
vehicle' means a bus, van, or rail car used for the transportation of passengers
within a system which receives a subsidy from tax revenues or is operated under
a franchise contract with a county or municipality of this state.
(d)
If the offense of simple assault is committed between past or present spouses,
persons who are parents of the same child, parents and children, stepparents and
stepchildren, foster parents and foster children, or other persons excluding
siblings living or formerly living in the same household, the defendant shall be
punished for a misdemeanor of a high and aggravated nature. In no event shall
this subsection be applicable to corporal punishment administered by a parent or
guardian to a child or administered by a person acting in loco
parentis.
(e)
Any person who commits the offense of simple assault against a person who is 65
years of age or older shall, upon conviction thereof, be punished for a
misdemeanor of a high and aggravated nature.
(f)
Any person who commits the offense of simple assault against an employee of a
public school system of this state while such employee is engaged in official
duties or on school property shall, upon conviction of such offense, be punished
for a misdemeanor of a high and aggravated nature. For purposes of this Code
section, 'school property' shall include public school buses and stops for
public school buses as designated by local school boards of
education.
(g)
Any person who commits the offense of simple assault against a female who is
pregnant at the time of the offense shall, upon conviction thereof, be punished
for a misdemeanor of a high and aggravated nature.
(h)
Nothing in this Code section shall be construed to permit the prosecution
of:
(1)
Any person for conduct relating to an abortion for which the consent of the
pregnant woman, or person authorized by law to act on her behalf, has been
obtained or for which such consent is implied by law;
(2)
Any person for any medical treatment of the pregnant woman or her unborn child;
or
(3)
Any woman with respect to her unborn child.
For
the purposes of this subsection, the term 'unborn child' means a member of the
species homo sapiens at any stage of development who is carried in the
womb."
"16-5-28.
(a)
For the purposes of this Code section, the term 'unborn child' means a member of
the species homo sapiens at any stage of development who is carried in the
womb.
(b)
A person commits the offense of assault of an unborn child when such person,
without legal justification, attempts to inflict violent injury to an unborn
child.
(c)
Any person convicted of the offense of assault of an unborn child shall be
guilty of a misdemeanor.
(d)
Nothing in this Code section shall be construed to permit the prosecution
of:
(1)
Any person for conduct relating to an abortion for which the consent of the
pregnant woman, or person authorized by law to act on her behalf, has been
obtained or for which such consent is implied by law;
(2)
Any person for any medical treatment of the pregnant woman or her unborn child;
or
(3)
Any woman with respect to her unborn child.
16-5-29.
(a)
For the purposes of this Code section, the term 'unborn child' means a member of
the species homo sapiens at any stage of development who is carried in the
womb.
(b)
A person commits the offense of battery of an unborn child when such person,
without legal justification, intentionally inflicts physical harm upon an unborn
child.
(c)
A person convicted of the offense of battery of an unborn child shall be guilty
of a misdemeanor.
(d)
Nothing in this Code section shall be construed to permit the prosecution
of:
(1)
Any person for conduct relating to an abortion for which the consent of the
pregnant woman, or person authorized by law to act on her behalf, has been
obtained or for which such consent is implied by law;
(2)
Any person for any medical treatment of the pregnant woman or her unborn child;
or
(3)
Any woman with respect to her unborn
child."
SECTION
2.
Said
chapter is further amended by striking Code Section 16-5-80, relating to
feticide, and inserting in lieu thereof a new Code Section 16-5-80 to read as
follows:
"16-5-80.
(a)
For the purposes of this Code section, the term 'unborn child' means a member of
the species homo sapiens at any stage of development who is carried in the
womb.
(b)
A person commits the offense of feticide if he or she willfully and without
legal justification causes the death of an unborn child by any injury to the
mother of such child, which would be murder if it resulted in the death of such
mother, or if he or she, when in the commission of a felony, causes the death of
an unborn child.
(c)
A person convicted of the offense of feticide shall be punished by imprisonment
for life.
(d)
A person commits the offense of voluntary manslaughter of an unborn child when
such person causes the death of an unborn child under circumstances which would
otherwise be feticide and if such person acts solely as the result of a sudden,
violent, and irresistible passion resulting from serious provocation sufficient
to excite such passion in a reasonable person; provided, however, that, if there
should have been an interval between the provocation and the killing sufficient
for the voice of reason and humanity to be heard, of which the jury in all cases
shall be the judge, the killing shall be attributed to deliberate revenge and be
punished as feticide.
(e)
A person convicted of the offense of voluntary manslaughter of an unborn child
shall be guilty of a felony and shall be punished by imprisonment for not less
than one nor more than 20 years.
(f)
Nothing in this Code section shall be construed to permit the prosecution
of:
(1)
Any person for conduct relating to an abortion for which the consent of the
pregnant woman, or person authorized by law to act on her behalf, has been
obtained or for which such consent is implied by law;
(2)
Any person for any medical treatment of the pregnant woman or her unborn child;
or
(3)
Any woman with respect to her unborn
child."
SECTION
3.
Article
15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating
to serious traffic offenses, is amended by striking Code Section 40-6-393.1,
relating to feticide by vehicle, and inserting in lieu thereof a new Code
Section 40-6-393.1 to read as follows:
"40-6-393.1.
(a)
For the purposes of this Code section, the term 'unborn child' means a member of
the species homo sapiens at any stage of development who is carried in the
womb.
(b)(1)
A person commits the offense of feticide by vehicle in the first degree if he or
she causes the death of an unborn child by any injury to the mother of such
child through the violation of Code Section 40-6-390 or 40-6-391, which would be
homicide by vehicle in the first degree as provided in subsection (a) or (c) of
Code Section 40-6-393 if it resulted in the death of such mother.
(2)
A person convicted of the offense of feticide by vehicle in the first degree
shall be punished by imprisonment for not less than two years nor more than 15
years.
(c)(1)
A person commits the offense of feticide by vehicle in the second degree if he
or she causes the death of an unborn child by any injury to the mother of such
child by violating any provision of this title other than Code Section 40-6-390
or 40-6-391, which would be homicide by vehicle in the second degree as provided
in subsection (b) of Code Section 40-6-393 if it resulted in the death of such
mother.
(2)
A person convicted of the offense of feticide by vehicle in the second degree
shall be punished as provided in Code Section
17-10-3."
SECTION
4.
Article
1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating
to general provisions concerning registration, operation, and sale of
watercraft, is amended by striking Code Section 52-7-12.3, relating to feticide
by vessel, and inserting in lieu thereof a new Code Section 52-7-12.3 to read as
follows:
"52-7-12.3.
(a)
For the purposes of this Code section, the term 'unborn child' means a member of
the species homo sapiens at any stage of development who is carried in the
womb.
(b)(1)
A person commits the offense of feticide by vessel in the first degree if he or
she causes the death of an unborn child by any injury to the mother of such
child through the violation of subsection (j) of Code Section 52-7-8.2 or Code
Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section
52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code
Section 52-7-25, which would be homicide by vessel in the first degree as
provided in subsection (a) of Code Section 52-7-12.2 if it resulted in the death
of such mother.
(2)
A person convicted of the offense of feticide by vessel in the first degree
shall be guilty of a felony and shall be punished by imprisonment for not less
than two years nor more than 15 years.
(c)(1)
A person commits the offense of feticide by vessel in the second degree if he or
she causes the death of an unborn child by any injury to the mother of such
child by violating any provision of this title other than subsection (j) of Code
Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection
(b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or
subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the
second degree as provided in subsection (b) of Code Section 52-7-12.2 if it
resulted in the death of such mother.
(2)
A person convicted of the offense of feticide by vessel in the second degree
shall be guilty of a misdemeanor and shall be punished as provided in Code
Section
17-10-3."
SECTION
5.
This
Act shall become effective on July 1, 2006, and shall apply to all offenses
committed on or after such date.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.