Indiana Lawmakers Pass Feticide Bill; Indianapolis Star Examines Admitting Privileges Measure

Main Category: Pregnancy / Obstetrics
Also Included In: Litigation / Medical Malpractice
Article Date: 24 Apr 2009 - 4:00 PDT

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The Indiana Senate on Tuesday voted 44-2 to give final approval to a bill (S.B. 236) that would increase prison sentences from the current two to eight years by an additional six to 20 years for individuals convicted of murder or attempted murder of a pregnant woman that causes the death of the fetus, the AP/Herald Bulletin reports. The bill also would expand prison sentences under a current state law that allows prosecutors to file murder charges in cases in which a fetus dies if the woman is at least seven months pregnant. The feticide law applies to fetuses that are not viable outside the womb. Supporters of the bill say sentences under the current feticide law are too lenient. According to the AP/Bulletin, lawmakers said they decided to increase the sentences under the current laws, rather than expand the feticide law to cover all stages of pregnancy, to avoid a debate over when life begins. The bill now goes to Gov. Mitch Daniels (R), who can veto the measure, sign it into law or let it become law without his signature, the AP/Bulletin reports (Martin, AP/Herald Bulletin, 4/21).

Indianapolis Star Examines Debate Over Admitting Privileges Bill

The Indianapolis Star on Tuesday examined the debate in Indiana over the intent of a bill (S.B. 89) that would require doctors who perform abortions to have admitting privileges at nearby hospitals. Opponents of the bill say it is intended to reduce the already small number of doctors who perform abortion procedures in Indiana. Suzanne Novak, senior staff attorney for the New York-based Center for Reproductive Rights, which has been tracking the bill's progress, said its passage would "be profound for women's reproductive health" and "could in effect become an abortion ban." Betty Cockrum, CEO of Planned Parenthood of Indiana, said that the bill could create logistical barriers for abortion providers seeking hospital admitting privileges, as most hospitals require doctors with such privileges to live less than 30 minutes away by car. Cockrum said some Indiana abortion providers must travel long distances to reach the abortion clinics they serve. Indiana has nine abortion clinics in five counties, the Star reports.

The bill's supporters claim the law is aimed at ensuring patient safety. Sue Swayze, a lobbyist with Indiana Right to Life who helped write the bill when it was proposed a few years ago, said the bill is not about restricting access to abortion. According to the Star, state legislators will have to resolve differences on the bill before the current legislative session ends April 29. One issue that remains under debate is an amendment that could extend the bill's requirements to about 1,500 doctors who perform outpatient surgeries. If approved by the legislature and signed into law, the measure could go into effect by July 1 at the earliest (Rudavsky, Indianapolis Star, 4/21).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

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