25 LC 46 1024
House Bill 441
By: Representatives Dunahoo of the 31
st
, Carpenter of the 4
th
, Byrd of the 20
th
, Mathis of the
133
rd
, Kelley of the 16
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and
1
offenses, so as to provide for a coercion defense to a charge of murder for defendant mothers2
of unborn children; to provide a short title; to provide for a definition; to provide for3
construction; to provide for exceptions; to provide for concurrent prosecuting authority of4
the Attorney General and prosecuting attorneys in certain cases; to provide for applicability;5
to remove exceptions that allow for assault and battery on an unborn child; to amend Code6
Section 19-7-1 of the Official Code of Georgia Annotated, relating to in whom parental7
power lies, how such power lost, and recovery for homicide of a child or unborn child, so as8
to provide for the right to recovery for the life of a child beginning at the stage of9
fertilization; to provide for related matters; to provide for legislative findings and10
determinations; to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
The General Assembly finds and determines that:14
(1) Article I, Section I, Paragraph I of the Georgia Constitution provides, "No person shall15
be deprived of life, liberty, or property except by due process of law.";16
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(2) Article I, Section I, Paragraph II of the Georgia Constitution provides, "Protection to
17
person and property is the paramount duty of government and shall be impartial and18
complete. No person shall be denied the equal protection of the laws.";19
(3) The Fourteenth Amendment to the Constitution of the United States requires that "[n]o20
state...shall deny to any person within its jurisdiction the equal protection of the laws";21
(4) To fulfill such right to life and equal protection requirements, the lives of unborn22
persons in this state should be protected with the same criminal and civil laws protecting23
the lives of born persons by removing provisions that enable the commission of willful24
prenatal homicide and assault; and25
(5) Current provisions could be interpreted to allow a person to pressure a pregnant mother26
to abort her child, and such provisions should be removed.27
SECTION 2.28
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is29
amended by revising Code Section 16-3-26, relating to coercion, as follows:30
"16-3-26.31
A person is not guilty of a crime, except murder, if the act upon which the supposed
32
criminal liability is based is performed under such coercion that the person reasonably33
believes that performing the act is the only way to prevent his imminent death or great34
bodily injury.35
(a) A person is not guilty of a crime if the act upon which the supposed criminal liability36
is based is performed under such coercion that the person reasonably believes that the37
performance of the act is the only way to prevent his or her imminent death or great bodily38
injury.39
(b) The defense of coercion provided by subsection (a) of this Code section shall not apply40
to a charge of murder unless the victim is an unborn child and the defendant is the child's41
mother."42
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SECTION 3.
43
Said title is further amended in Article 1 of Chapter 5, relating to homicide, by adding a new44
Code section to read as follows:45
"16-5-6.
46
(a) This Code section shall be known and may be cited as the 'Georgia Prenatal Equal47
Protection Act.'48
(b) As used in this article, the term 'human being' includes a living human and an unborn49
child at every stage of development from fertilization until birth.50
(c) Enforcement pursuant to this Code section is subject to the same presumptions,51
defenses, justifications, laws of parties, immunities, and clemencies as would apply to the52
homicide of a person who had been born alive.53
(d) This chapter shall not apply to the unintentional injury or death of an unborn child54
when resulting from:55
(1) The undertaking of procedures to save the life of a mother when accompanied by56
reasonable steps, if available, to save the life of her unborn child; or57
(2) A spontaneous miscarriage.58
(e) Prosecuting attorneys and the Attorney General shall have concurrent authority to59
prosecute any criminal cases arising under the provisions of this Code section and to60
perform any necessary related duty. For purposes of investigating offenses or criminal61
cases arising under the provisions of this Code section, the Attorney General shall have the62
authority to employ peace officers.63
(f) This Code section prevails over other law to the extent of any conflict.64
(g) In accordance with Article I, Section I, Paragraph X of the Georgia Constitution,65
Article I, Section 9, Clause 3 of the Constitution of the United States, and Code66
Section 1-3-5, this Code section is prospective only and shall not apply to any act67
committed prior to the effective date of this Act."68
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SECTION 4.
69
Said title is further amended by revising Code Section 16-5-28, relating to assault on an70
unborn child, as follows:71
"16-5-28.72
(a) For the purposes of this Code section, the term 'unborn child' means a member of the73
species homo sapiens at any stage of development who is carried in the womb.74
(b) A person commits the offense of assault of an unborn child when such person, without75
legal justification, attempts to inflict violent injury to an unborn child.76
(c) Any person convicted of the offense of assault of an unborn child shall be guilty of a77
misdemeanor.78
(d) Nothing in this Code section shall be construed to permit the prosecution of:
79
(1) Any person for conduct relating to an abortion for which the consent of the pregnant80
woman, or person authorized by law to act on her behalf, has been obtained or for which81
such consent is implied by law;82
(2) Any person for any medical treatment of the pregnant woman or her unborn child;83
or84
(3) Any woman with respect to her unborn child."85
SECTION 5.86
Said title is further amended by revising Code Section 16-5-29, relating to battery of an87
unborn child, as follows:88
"16-5-29.89
(a) For the purposes of this Code section, the term 'unborn child' means a member of the90
species homo sapiens at any stage of development who is carried in the womb.91
(b) A person commits the offense of battery of an unborn child when such person, without92
legal justification, intentionally inflicts physical harm upon an unborn child.93
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(c) A person convicted of the offense of battery of an unborn child shall be guilty of a
94
misdemeanor.95
(d) Nothing in this Code section shall be construed to permit the prosecution of:
96
(1) Any person for conduct relating to an abortion for which the consent of the pregnant97
woman, or person authorized by law to act on her behalf, has been obtained or for which98
such consent is implied by law;99
(2) Any person for any medical treatment of the pregnant woman or her unborn child;100
or101
(3) Any woman with respect to her unborn child."102
SECTION 6.103
Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to in whom parental104
power lies, how such power lost, and recovery for homicide of a child or unborn child, is105
amended by revising paragraph (1) of subsection (c) as follows:106
"(c)(1) In every case of the homicide of a child, minor or sui juris, there shall be some107
party entitled to recover the full value of the life of the child, either as provided in this108
Code section or as provided in Chapter 4 of Title 51. For the homicide of an unborn109
child, the right to recover for the full value of the life of such child shall begin at the point110
at which a detectable human heartbeat, as such term is defined in Code Section 1-2-1, is111
present fertilization."112
SECTION 7.113
All laws and parts of laws in conflict with this Act are repealed.114
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