Virginia Senate Bill SB155

Virginia 2022 Regular Session

• Introduced: 1/10/22
• Refer: 1/10/22

Caption

Killing the fetus of another; guilty of manslaughter, penalties.

Impact

The proposed changes in SB155 are intended to create a clearer legal framework regarding the killing of a fetus, which may lead to an increase in the incarceration rates as specified in the bill. The fiscal impact of this bill includes potential costs exceeding $50,000 for the state due to increased imprisonment in adult correctional facilities. This law could lead to higher prosecution rates for cases relating to fetal deaths and may influence judicial discretion in related cases, thereby impacting both the legal system and public health discussions surrounding fetal rights.

Summary

SB155 proposes amendments to Virginia's Penal Code concerning the unlawful killing of a fetus. Under the bill, such an act could be classified as a Class 2 felony if done willfully, deliberately, and with premeditation. The legislation aims to clarify and strengthen the legal ramifications for individuals who cause the death of a fetus, reflecting a significant stance on fetal rights within the state. It establishes stringent penalties that range from a minimum of five years to a maximum of forty years in prison for the unlawful fetal killings, depending on the circumstances surrounding the act.

Contention

There is likely to be significant debate surrounding SB155, primarily around the ethical and moral implications of assigning criminal liability for the death of a fetus. Advocates argue that this legislation is a step toward protecting unborn life and ensuring justice for such acts. However, critics may contest the implications for women's rights and the potential for criminalizing actions that could occur in situations of miscarriage. The enforcement of such laws raises concerns about the criminalization of women's reproductive health choices and the legal difficulties surrounding cases of fetal demise.