Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1586

Introduced
2/16/23  

Caption

Relative to fetal homicide

Impact

If enacted, this bill would have a substantial impact on existing laws related to bodily harm and homicide in Massachusetts. Specifically, it introduces separate criminal charges for acts resulting in fetal injury or death, which could lead to more stringent legal repercussions for various offenses, including vehicular homicide or domestic violence incidents where a pregnant woman is the victim. The provision that does not require the intent to harm the unborn child could also lead to an increase in prosecutions, significantly broadening the scope of legal accountability for actions impacting pregnant individuals.

Summary

House Bill H1586, titled 'An Act relative to fetal homicide', aims to criminalize acts resulting in the death or bodily injury to a fetus at any stage of development, referred to as a 'child in utero'. The legislation amends Chapter 265 of the General Laws by adding a new section 13O that outlines specific definitions and penalties for those found guilty of such actions. Notably, the bill seeks to ensure that the penalties for causing harm to an unborn child are equivalent to those established for similar injuries to the mother. This establishes a distinct legal pathway for prosecutions relating to the harm of fetuses and arguably reinforces the personhood of the unborn under Massachusetts law.

Contention

The introduction of this law has generated notable contention among legislators and advocacy groups. Advocates of the bill argue that it provides necessary protections for unborn children and acknowledges their vulnerability. They believe it will serve as a deterrent against violence towards pregnant women. Conversely, opponents raise concerns about the implications of defining personhood at such an early stage of development, fearing it could complicate legal battles over reproductive rights and potentially encroach on a woman's right to choose. Critics warn that such a law could create a chilling effect on how healthcare providers treat pregnancy-related conditions and could invoke legal challenges related to abortion rights.

Companion Bills

MA S1124

Similar To Relative to crimes relating to distribution of controlled substances causing death

MA S1829

Similar To To ensure timely restitution payments to victims of crime

MA H2307

Similar To Relative to crime gun data reporting and analysis

MA S2595

Similar To Regarding conditions of release in Superior Court

MA H4517

Replaced by Study Order

Previously Filed As

MA H1793

Relative to fetal homicide

MA A306

"Laci and Connor's Law," creates the offense of fetal homicide.

MA HB3805

Relating to homicide.

MA HB2662

To create a felony vehicular homicide and Aggravated vehicular homicide

MA S2177

Relative to unsolved homicides

MA H4114

Relative to unsolved homicides

MA HB2871

Relating to the crime of negligent homicide

MA H1463

Relative to unborn victims of violence

MA HB2706

Unborn children; homicide; assault; jurisdiction.

MA HF2256

A bill for an act relating to the treatment of an unborn child for the purposes of damages for wrongful death, the defense of compulsion, homicide and related crimes, and assault, making penalties applicable, and including effective date and applicability provisions.

Similar Bills

No similar bills found.