| 1 | 1 | | BILL AS INTRODUCED S.116 |
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| 2 | 2 | | 2025 Page 1 of 3 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #381155 v.1 |
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| 6 | 6 | | S.116 1 |
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| 7 | 7 | | Introduced by Senators Williams, Hart and Heffernan 2 |
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| 8 | 8 | | Referred to Committee on 3 |
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| 9 | 9 | | Date: 4 |
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| 10 | 10 | | Subject: Crimes and criminal procedure; unborn child 5 |
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| 11 | 11 | | Statement of purpose of bill as introduced: This bill proposes to deem an 6 |
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| 12 | 12 | | unborn child a person for purposes of criminal offenses of this State when the 7 |
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| 13 | 13 | | unborn child suffers bodily injury or death as a result of a criminal offense. 8 |
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| 14 | 14 | | An act relating to crimes against an unborn child 9 |
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| 15 | 15 | | It is hereby enacted by the General Assembly of the State of Vermont: 10 |
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| 16 | 16 | | Sec. 1. LEGISLATIVE FINDINGS AND PURPOSE 11 |
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| 17 | 17 | | (a) The General Assembly finds that courts have determined there is a 12 |
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| 18 | 18 | | distinction as to whether a viable fetus is considered a person under Vermont 13 |
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| 19 | 19 | | law. In Vaillancourt v. Medical Center Hospital of Vermont, Inc., 139 Vt. 138 14 |
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| 20 | 20 | | (1980), the Court held that “there exists statutory wrongful death liability for 15 |
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| 21 | 21 | | the negligently caused death of an unborn, viable fetus.” However, in State v. 16 |
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| 22 | 22 | | Oliver, 151 Vt. 626 (1989), the Court found that “an unborn fetus is not a 17 |
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| 23 | 23 | | person within the meaning of [Vermont’s criminal statutes].” The Court in 18 |
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| 24 | 24 | | Oliver stated that if a fetus is to be considered a person for purposes of the 19 |
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| 25 | 25 | | criminal statutes, the “task must be accomplished by the legislature.” 20 BILL AS INTRODUCED S.116 |
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| 26 | 26 | | 2025 Page 2 of 3 |
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| 29 | 29 | | VT LEG #381155 v.1 |
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| 30 | 30 | | (b) The purpose of this act is to protect the right of a pregnant woman to 1 |
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| 31 | 31 | | carry a child to term and to hold perpetrators of crimes against an unborn child 2 |
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| 32 | 32 | | fully accountable. 3 |
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| 33 | 33 | | Sec. 2. 13 V.S.A. § 15 is added to read: 4 |
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| 34 | 34 | | § 15. CRIMES AGAINST AN UNBORN CHILD 5 |
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| 35 | 35 | | (a) As used in this section, “unborn child” means the offspring of human 6 |
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| 36 | 36 | | beings prior to birth. Except as provided in subsection (c) of this section, an 7 |
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| 37 | 37 | | unborn child shall be deemed a person for purposes of criminal offenses of this 8 |
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| 38 | 38 | | State when the unborn child suffers bodily injury or death as a result of a 9 |
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| 39 | 39 | | criminal offense. 10 |
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| 40 | 40 | | (b) Prosecution for a criminal offense that causes bodily injury to, or the 11 |
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| 41 | 41 | | death of, an unborn child shall not require the State to prove: 12 |
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| 42 | 42 | | (1) that the person who engaged in the conduct knew or should have 13 |
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| 43 | 43 | | known that the mother of the unborn child was pregnant; or 14 |
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| 44 | 44 | | (2) that the person intended to cause bodily injury to, or the death of, the 15 |
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| 45 | 45 | | unborn child. 16 |
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| 46 | 46 | | (c) Nothing in this section shall be construed to permit the prosecution of: 17 |
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| 47 | 47 | | (1) a woman for actions with respect to her unborn child; 18 |
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| 48 | 48 | | (2) any person for conduct relating to an abortion for which the consent 19 |
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| 49 | 49 | | of the pregnant woman, or a person authorized to make medical decisions on 20 |
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| 50 | 50 | | her behalf, has been obtained; or 21 BILL AS INTRODUCED S.116 |
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| 51 | 51 | | 2025 Page 3 of 3 |
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| 53 | 53 | | |
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| 54 | 54 | | VT LEG #381155 v.1 |
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| 55 | 55 | | (3) any person for any medical treatment of the pregnant woman or her 1 |
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| 56 | 56 | | unborn child. 2 |
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| 57 | 57 | | Sec. 3. RIGHT OF INTERVENTION 3 |
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| 58 | 58 | | The General Assembly, by joint resolution, may appoint one or more of its 4 |
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| 59 | 59 | | members who cosponsored this act to intervene as a matter of right in any case 5 |
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| 60 | 60 | | in which the constitutionality of the act is challenged. 6 |
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| 61 | 61 | | Sec. 4. EFFECTIVE DATE 7 |
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| 62 | 62 | | This act shall take effect on passage. 8 |
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