Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1463 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2765 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1463
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David F. DeCoste
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to unborn victims of violence.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David F. DeCoste5th Plymouth1/19/2023Kelly W. Pease4th Hampden1/31/2023Joseph D. McKenna18th Worcester1/31/2023 1 of 6
16	16	HOUSE DOCKET, NO. 2765 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1463
18	18	By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 1463) of
19	19	David F. DeCoste, Kelly W. Pease and Joseph D. McKenna relative to the injury or termination
20	20	of human embryos and fetuses prior to birth. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1535 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to unborn victims of violence.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 265 the
32	32	2following chapter 265A
33	33	3 CHAPTER 265A
34	34	4 UNBORN VICTIMS OF VIOLENCE
35	35	5 Section1. This chapter shall be known and may be cited as the “Unborn Victims of
36	36	6Violence Act.”
37	37	7 Section 2. For purposes of this Act, unless the context indicates otherwise, the following
38	38	8words shall have the following meanings: 2 of 6
39	39	9 “Bodily injury”: a substantial impairment of the physical condition, including any burn,
40	40	10fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs
41	41	11as the result of repeated harm to any bodily function or organ, including human skin or any
42	42	12physical condition which substantially imperils an unborn child’s health or welfare.
43	43	13 “Serious bodily injury”: bodily injury which creates a permanent disfigurement;
44	44	14protracted loss or impairment of function of a body member, limb or organ; or substantial risk of
45	45	15death and includes, but is not limited to, the birth of an unborn child prior to thirty-seven weeks
46	46	16gestational age, if the child weighs 2,500 grams or less at the time of birth. As used in this
47	47	17section, “serious bodily injury,” does not include the inducement of the unborn child’s birth
48	48	18when done for bona fide medical purposes.
49	49	19 “Unborn child”: the individual human life in existence and developing from conception
50	50	20until death.
51	51	21 “Any person”: does not include the pregnant woman whose unborn child is killed or
52	52	22injured.
53	53	23 “Without lethal justification”: acting under circumstances in which the use of lethal force
54	54	24is not legally justified.
55	55	25 Section 3. Murder of an unborn child; punishment
56	56	26 (a) Any person, who without lawful justification, causes the death of an unborn child
57	57	27commits murder of an unborn child in the first degree, if that person acts with deliberately
58	58	28premeditated malice aforethought, or with extreme atrocity or cruelty, or in the commission or
59	59	29attempted commission of a crime punishable with death or imprisonment for life. 3 of 6
60	60	30 (b) Any person, who without lawful justification, commits murder of an unborn child that
61	61	31does not appear to be murder in the first degree, commits murder of an unborn child in the
62	62	32second degree.
63	63	33 (c) The degree of murder shall be found by a jury.
64	64	34 (d) Except as provided in subsection (e), any person who is found guilty of murder of an
65	65	35unborn child in the first degree shall be punished by imprisonment in the state prison for life and
66	66	36shall not be eligible for parole pursuant to section 133A of chapter 127.
67	67	37 (e) Any person, who is found guilty of murder of an unborn child in the first degree, who
68	68	38committed the offense on or after that person’s fourteenth birthday and before the person’s
69	69	39eighteenth birthday, shall be punished by imprisonment in the state prison for life and shall be
70	70	40eligible for parole after the term of years fixed by the court, pursuant to section 24 of chapter
71	71	41279.
72	72	42 (f) Any person, who is found guilty of murder of an unborn child in the second degree,
73	73	43shall be punished by imprisonment in the state prison for life and shall be eligible for parole after
74	74	44the term of years fixed by the court pursuant to section 24 of chapter 279.
75	75	45 (g) Any person, whose sentence for murder of an unborn child is commuted by the
76	76	46governor and council pursuant to section 152 of chapter 127, shall thereafter be subject o the
77	77	47laws governing parole.
78	78	48 Section 4. Voluntary manslaughter of an unborn child; punishment. 4 of 6
79	79	49 Voluntary manslaughter of an unborn child is punishable by imprisonment in the state
80	80	50prison for not more than twenty years, or by a fine of not more than one thousand dollars and
81	81	51imprisonment in jail or a house of correction for not more than two and half years.
82	82	52 Section 5. Involuntary manslaughter of an unborn child; punishment.
83	83	53 Involuntary manslaughter of an unborn child is punishable by imprisonment in the state
84	84	54prison for not more than twenty years or by a fine of not more than one thousand dollars and
85	85	55imprisonment in jail or a house of correction for not more than two and a half years.
86	86	56 Section 6. Assault upon an unborn child; punishment.
87	87	57 (a) Any person, who without legal justification, does any of the following commits
88	88	58assault upon an unborn child: (1) does any act with the intent to cause fear of immediate bodily
89	89	59harm to a woman, knowing or having reason to know that she is pregnant, or with the intent to
90	90	60cause fear of the death of her unborn child to a woman, knowing or having reason to know that
91	91	61she is pregnant; or (2) intentionally inflicts, or attempts to inflict, bodily injury on an unborn
92	92	62child, who is subsequently born alive.
93	93	63 (b) Assault upon on unborn child shall be punished by imprisonment for not more than
94	94	64two and a half years in a house of correction, or by a fine of not more than one thousand dollars.
95	95	65 Section 7. Battery upon an unborn child; punishment.
96	96	66 (a) Any person, who without legal justification, inflicts serious bodily injury upon an
97	97	67unborn child, who is subsequently born alive, by intentionally or knowingly touching a woman
98	98	68without her consent, knowing or having reason to know that she is pregnant, commits battery of
99	99	69an unborn child. 5 of 6
100	100	70 (b) Battery of an unborn child, resulting in serious bodily injury shall be punished by
101	101	71imprisonment in the state prison for not more than five years or imprisonment in a house of
102	102	72correction for not more than two and a half years or by a fine of not more than five thousand
103	103	73dollars, or by both such fine and imprisonment.
104	104	74 Section 8. Assault and battery upon an unborn child; punishment.
105	105	75 (a) Any person who commits an assault and battery upon an unborn child and by such
106	106	76assault and battery causes bodily injury shall be punished by imprisonment in the state prison for
107	107	77not more than five years or imprisonment in a house of correction for not more than two and a
108	108	78half years, or by a fine of not more than five thousand dollars, or by both such fine and
109	109	79imprisonment.
110	110	80 (b) Any person who commits and assault and battery upon an unborn child and by such
111	111	81assault and battery causes serious bodily injury shall be punished by imprisonment in the state
112	112	82prison for not more than fifteen years or imprisonment in a house of correction for not more than
113	113	83two and a half years, or by a fine of not more than five thousand dollars, or by both such fine and
114	114	84imprisonment.
115	115	85 Section 9. Exceptions.
116	116	86 This Act does not apply to:
117	117	87 (a) Acts which cause the death of an unborn child, if those acts were committed during a
118	118	88legal abortion to which the pregnant woman consented.
119	119	89 (b) Acts which are committed pursuant to usual and customary standards of medical
120	120	90practice during diagnostic testing or therapeutic treatment. 6 of 6
121	121	91 Section 10. Other convictions not barred.
122	122	92 A prosecution for, or conviction under, this Act is not a bar to conviction of, or
123	123	93punishment for, any other crime committed by the defendant as part of the same conduct.