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Related sites Center for Reproductive Law and Policy National Right to Life Committe
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Bill classifies fetus as second victim of violent crime
Posted
10-11-99 Washington. Igniting a debate on abortion and the legal status of a fetus, the House of Representatives passed a bill Sept. 30 that grants legal protection to a fetus by creating separate criminal penalties for anyone who harms the fetus while committing another federal offense. The penalties would be the same as if the injury had been inflicted on the woman. In other words, the assailant of a pregnant woman could be prosecuted for murder or manslaughter if the fetus dies and the woman survives. The White House threatened to veto the bill. Supporters of the Unborn Victims of Violence Act say the bill protects unborn babies against assaults, but does not allow prosecution of physicians who perform abortions. The bill's sponsor, Rep. Lindsey Graham, R-S.C., said he "never wanted the bill to turn into an abortion debate." Opponents say that was inevitable given the position of the bill's sponsors, who Margie Kelly, director of communications for the Center for Reproductive Law and Policy, called "some of the most extreme anti-abortionists in Congress." Critics say the bill is "a backdoor attack on Roe vs. Wade" and a way to establish the legal status of a fetus. They also question the intent of the bill, pointing to a consultation with the National Right to Life Committee (NRLC) in drafting the measure. An Aug. 10 article from the National Right to Life Committee News states that "the National Right to Life Committee was consulted in the drafting of the measure and strongly supports it." NRLC officials see no conflict with Roe vs. Wade. "Twenty-four states already have unborn victims laws," said Douglas Johnson, legislative director of the NRLC, "and not a single court has ruled that any of these laws violate Roe vs. Wade." A companion bill is being introduced in the Senate, but is unlikely to be acted on until next year.
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