06 LC 21
8827S
The
Senate Health and Human Services Committee offered the following substitute to
SB 77:
A
BILL TO BE ENTITLED
AN ACT
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 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:
"16-5-28.
(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 who is subsequently born alive.
(c)
Any person convicted of the offense of assault of an unborn child shall be
guilty of a misdemeanor.
(d)
The provisions of this Code section shall not apply to acts committed pursuant
to usual and customary standards of medical practice during diagnostic testing
or therapeutic treatment.
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 who is subsequently born alive.
(c)
A person convicted of the offense of battery of an unborn child shall be guilty
of a misdemeanor.
(d)
The provisions of this Code section shall not apply to acts committed pursuant
to usual and customary standards of medical practice during diagnostic testing
or therapeutic
treatment."
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.
(a)(b)
A person commits the offense of feticide if he
or
she willfully
kills
and without
legal justification causes the death of an
unborn child
so far
developed as to be ordinarily called
'quick' 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.
(b)
(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)
This Code section shall not apply to:
(1)
Acts which cause the death of an unborn child if those acts were committed
during a legal abortion to which the pregnant woman consented; and
(2)
Acts committed pursuant to usual and customary standards of medical practice
during diagnostic testing or therapeutic
treatment."
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.
(a)(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
so far
developed as to be ordinarily called
'quick' 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.
(b)(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
so far
developed as to be ordinarily called
'quick' 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.
(a)(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
so far
developed as to be ordinarily called
'quick' 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.
(b)(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
so far
developed as to be ordinarily called
'quick' 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.