Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1793 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. 1352 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1793
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bradley H. Jones, Jr.
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 fetal homicide.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Bradley H. Jones, Jr.20th Middlesex1/14/2025Kimberly N. Ferguson1st Worcester1/15/2025Paul K. Frost7th Worcester1/31/2025Todd M. Smola1st Hampden3/10/2025David F. DeCoste5th Plymouth1/28/2025Hannah Kane11th Worcester1/30/2025 1 of 2
16	16	HOUSE DOCKET, NO. 1352 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1793
18	18	By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1793) of
19	19	Bradley H. Jones, Jr. and others relative to providing for the crime of fetal homicide. The
20	20	Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1586 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to fetal homicide.
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 Chapter 265 of the General Laws, as appearing in the 2022 Official Edition, is hereby
32	32	2amended by adding the following section:-
33	33	3 Section 13O. (a) For the purposes of this section, the following words shall, unless the
34	34	4context indicates otherwise, have the following meanings:
35	35	5 “Bodily injury”, substantial impairment of the physical condition including any burn,
36	36	6fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs
37	37	7as the result of repeated harm to any bodily function or organ including human skin or any
38	38	8physical condition which substantially imperils a child’s health or welfare. 2 of 2
39	39	9 “Child in utero”, a member of the species homo sapiens, at any stage of development,
40	40	10who is carried in the womb.
41	41	11 (b) Whoever engages in conduct that violates any of the provisions of law listed in this
42	42	12chapter which results in the death of, or bodily injury to, a child in utero when the conduct
43	43	13occurs, is guilty of a separate offense under this section.
44	44	14 (c) (1) Except as otherwise provided in this subsection, the punishment for that separate
45	45	15offense is the same as the punishment provided under law for that conduct had the injury or
46	46	16death occurred to the unborn child’s mother.
47	47	17 (2) An offense under this section shall not require proof that:
48	48	18 the person engaging in the conduct had knowledge or should have had knowledge that the
49	49	19victim of the underlying offense was pregnant; or
50	50	20 the defendant intended to cause the death of, or bodily injury to, the unborn child
51	51	21 (d) Nothing in this section shall be construed to permit the prosecution:
52	52	22 of any person for conduct relating to an abortion for which the consent of the pregnant
53	53	23woman, or a person authorized by law to act on her behalf, has been obtained or for which such
54	54	24consent is required by law; of any person for any medical treatment of the pregnant woman or
55	55	25her unborn child; or of any woman with respect to her unborn child.