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View Diary: Breaking: "First Degree Homicide Of The Unborn Child Bill" Passes CO House On Second Reading (202 comments)

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  •  I'm reading this bill and I don't get it (5+ / 0-)

    CO House Bill 1130 - First Degree Murder Of Unborn Child

    Article 3.5 Offenses Against Pregnant Women and Their Unborn Children

    It says that nothing in his article shall permit prosecution of a women for any act or failure to act with regard to her own pregnancy.

    Then it covers various degrees of termination and each uses the language "the person ends or causes to be ended the pregnancy of a woman without her consent."

    Then beginning on page 4 it covers "Vehicular unlawful termination of a pregnancy" and that goes into great detail until almost the end of the bill on page 15.

    I may well be reading this totally wrong and maybe missed something pertinent but does this mean that a woman can consent to an abortion and neither the woman nor the doctor will be prosecuted?

    •  I agree with you. (0+ / 0-)

      see my post above..

      :)

      _ I've spoken my piece and counted to three._

      by althea in il on Sat Mar 17, 2012 at 09:09:24 AM PDT

      [ Parent ]

    •  I think you're right. (9+ / 0-)

      The most problematic thing about this bill, as I'm reading it, is the language conferring personhood on the embryo or fetus.  Even if there are sufficient exemptions to cover birth control and abortion, it's a bad precedent to allow language like that into the statutes.

      •  And I may be wrong about that. (2+ / 0-)
        Recommended by:
        CJB, BlueSue

        I'm looking through the bill again and not seeing personhood language.  It's all "unlawful termination of pregnancy".  This bill may be more or less that same as laws that other states have passed.  It might even be not as bad as some.

      •  Does it really confer personhood? (9+ / 0-)

        It certainly implies it since a person would be prosecuted but it doesn't seem to be specific like those personhood amendments where even certain forms of birth control pills would be unlawful.

        I do think this is that slippery slope with these fetal murder laws. Women are being arrested. Some of these laws seem to be written too broadly.

        From Health Freedom Alliance:

        Miscarriage? Face Prison Time For Murder

        Did you know that US women are currently facing prison time for murder after suffering miscarriages and stillbirths?

        At least 38 states have introduced “foetal homicide laws” and around 300 women in South Carolina alone have been arrested for suspected actions that may or may not have occurred during pregnancy.

        Rennie Gibbs is accused of murder, but the crime she is alleged to have committed does not sound like an ordinary killing. Yet she faces life in prison in Mississippi over the death of her unborn child.

        Gibbs became pregnant aged 15, but lost the baby in December 2006 in a stillbirth when she was 36 weeks into the pregnancy. When prosecutors discovered that she had a cocaine habit – though there is no evidence that drug abuse had anything to do with the baby’s death – they charged her with the “depraved-heart murder” of her child, which carries a mandatory life sentence.

        Gibbs is the first woman in Mississippi to be charged with murder relating to the loss of her unborn baby. But her case is by no means isolated. Across the US more and more prosecutions are being brought that seek to turn pregnant women into criminals.

        In one case, a woman’s unborn baby was diagnosed with Down’s syndrome and she declined the doctor’s suggestion to abort. Her baby died after a premature birth and six months later she was arrested at home and retroactively charged with “chemical endangerment” during pregnancy. She denied taking drugs and there was no evidence, but she faces 10 years behind bars.

        Laws like this, ultrasound bills, the contraception debate, the defunding of Planned Parenthood and others have certainly given a big lesson on the consequences of sitting out an election or casting a protest vote for a candidate with no chance of winning.
        •  Not defending this bill (3+ / 0-)
          Recommended by:
          althea in il, Cordyc, BlueSue

          but it seems to provide an exemption to horrors such as the ones you mention.  

          "Nothing is this artical shall permit the prosecution of a woman for any act or any failure to act with regard to her own pregnancy." (18-3.5-102 (2)

          That being said, I think they're skating as close to the "personhood" arguement as they can and still have a chance of this passing.

          Give me six hours to chop down a tree and I will spend the first four sharpening the axe. ~ Abraham Lincoln

          by CJB on Sat Mar 17, 2012 at 10:13:57 AM PDT

          [ Parent ]

    •  I find an oddity in this: (2+ / 0-)
      Recommended by:
      BlueSue, Cassandra Waites

      "any person who intentionally ends or causes to ended the pregnancy of a woman by any meansother than justified medical intervention or birth commits crminal abortion." (18-3.5-107 and 18-3.5-108)

      I can't find anywhere in the bill that the term "justified medical intervention" is defined.  It says it's defined in section 18-6-101.  But that section isn't there.  That term is never defined.

      It does exempt "Furnishing inpatient or outpatient hospital or clinic services. 18-3.5-102 (b).

      The bill is bad enough.  I don't think hysteria helps our cause.  Rep Kagan's remarks seem OtT to me.

      Give me six hours to chop down a tree and I will spend the first four sharpening the axe. ~ Abraham Lincoln

      by CJB on Sat Mar 17, 2012 at 10:06:40 AM PDT

      [ Parent ]

      •  I found the definition at another source (2+ / 0-)
        Recommended by:
        CJB, DemInDisguise

        Title 18 is the Colorado Criminal Code

        Article 6 is OFFENSES INVOLVING THE FAMILY RELATIONS

        Part 1 covers abortions   

        18-6-101. Definitions.

        1) "Justified medical termination" means the intentional ending of the pregnancy of a woman at the request of said woman or, if said woman is under the age of eighteen years, then at the request of the woman and her then living parent or guardian, or, if the woman is married and living with her husband, at the request of said woman and her husband, by a licensed physician using accepted medical procedures in a licensed hospital upon written certification by all of the members of a special hospital board that:   

        (a) Continuation of the pregnancy, in their opinion, is likely to result in: The death of the woman; or the serious permanent impairment of the physical health of the woman; or the serious permanent impairment of the mental health of the woman as confirmed in writing under the signature of a licensed doctor of medicine specializing in psychiatry; or the birth of a child with grave and permanent physical deformity or mental retardation; or   

        (b) Less than sixteen weeks of gestation have passed and that the pregnancy resulted from conduct defined as criminal in sections 18-3-402 and 18-3-403, or if the female person is unmarried and has not reached her sixteenth birthday at the time of such conduct regardless of the age of the male, or incest, as defined in sections 18-6-301 and 18-6-302, and that the district attorney of the judicial district in which the alleged sexual assault or incest has occurred has informed the committee in writing over his signature that there is probable cause to believe that the alleged violation did occur.   

        (2) "Licensed hospital" means one licensed or certificated by the department of public health and environment.
           

        There's more at the link.

        But here's an interesting definition:   

        18-6-102. Criminal abortion.

        (1) Any person who intentionally ends or causes to be ended the pregnancy of a woman by any means other than justified medical termination or birth commits criminal abortion.   

        (2) Criminal abortion is a class 4 felony, but if the woman dies as a result of the criminal abortion, it is a class 2 felony.

        There's some interesting annotations.

        And I'm not sure what this one is:   

        18-6-103. Pretended criminal abortion.   

        (1) Any person who intentionally pretends to end the real or apparent pregnancy of a woman by any means other than justified medical termination or birth commits pretended criminal abortion.

        (2) Pretended criminal abortion is a class 5 felony, but if the woman dies as a result of the pretended criminal abortion, it is a class 2 felony.

        and finally this:
        18-6-105. Distributing abortifacients.   

        (1) A person commits distributing abortifacients if he distributes or sells to or for any person other than a licensed medical doctor or osteopathic physician any drug, medicine, instrument, or other substance which is in fact an abortifacient and which he knows to be an abortifacient, and reasonably believes will be used as an abortifacient.

        (2) Distributing abortifacients is a class 1 misdemeanor.

        •  Wow. Well that changes things. (0+ / 0-)

          Interesting that most of that was left out of the official-looking document at the link in a comment above.  

          Thanks for doing to digging on this.

          Give me six hours to chop down a tree and I will spend the first four sharpening the axe. ~ Abraham Lincoln

          by CJB on Sat Mar 17, 2012 at 04:58:17 PM PDT

          [ Parent ]

        •  So abortions can be done only in hospitals? (1+ / 0-)
          Recommended by:
          wishingwell

          After approval of a hospital 'board'?  Not good.

          •  Medically Justified = Life of Mother/Rape/Incest (1+ / 0-)
            Recommended by:
            wishingwell

            That's what it says.  

            It also says that if a woman is married and living with her husband, they both need to request the procedure.  What a horrible mess.

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