Florida House Committee Passes Unborn Victims Of Violence Act

Main Category: Pregnancy / Obstetrics
Also Included In: Litigation / Medical Malpractice;  Abortion;  Abortion
Article Date: 17 Mar 2008 - 7:00 PDT

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A Florida House committee on Thursday passed a measure (HB 513) that bill that defines life as beginning at conception for the purpose of prosecuting violent acts against pregnant women, the South Florida Sun-Sentinel reports (Hafebrack, South Florida Sun-Sentinel, 3/12). The bill would define an "unborn child" as "a member of the species homo sapiens, at any stage of development, who is carried in the womb" (HB 513 text, 3/13).

Current state law says that a person can be charged with murder for a violent act directed at a pregnant woman that leads to a miscarriage of a "viable fetus" that is "capable of meaningful life outside the womb through standard medical measures." The new bill, approved by a 7-4 vote by Republican members of the House Committee on Homeland Security and Public Safety, would replace the term "viable fetus" with "unborn child," defined as the beginning at fertilization (South Florida Sun-Sentinel, 3/12).

The measure, sponsored by Rep. Ralph Poppell (R), also would amend the current law to allow for a defendant who does not know that the woman is pregnant or who does not have intent to end the pregnancy to be prosecuted for additional charges. According to Poppell, the bill essentially mirrors the 2004 federal law, the "Unborn Victims of Violence Act" (AP/Charlotte Sun-Herald, 3/12). Poppell said the new measure would remove ambiguity in the current law regarding punishment based on the viability of the fetus. Rep. Ari Porth (D) said giving rights to a fetus at any stage of development could lead to future restrictions on abortion. "It's a clever guise to bring the abortion debate to the Florida Legislature," Porth said. He offered several amendments to the bill that failed in committee.

According to the Sun-Sentinel, the bill must pass through two other committees before reaching the House floor (South Florida Sun-Sentinel, 3/12). A similar bill (SB 2480) has been filed in the Senate, but no action has been taken on it (AP/Charlotte Sun-Herald, 3/12).

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