[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2436 Referred in Senate (RFS)]

  1st Session
                                H. R. 2436


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 1999

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
To amend title 18, United States Code, and the Uniform Code of Military 
  Justice to protect unborn children from assault and murder, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unborn Victims of Violence Act of 
1999''.

SEC. 2. PROTECTION OF UNBORN CHILDREN.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 90 the following:

              ``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN

``Sec.
``1841. Protection of unborn children.
``Sec. 1841. Protection of unborn children
    ``(a)(1) Whoever engages in conduct that violates any of the 
provisions of law listed in subsection (b) and thereby causes the death 
of, or bodily injury (as defined in section 1365) to, a child, who is 
in utero at the time the conduct takes place, is guilty of a separate 
offense under this section.
    ``(2)(A) Except as otherwise provided in this paragraph, the 
punishment for that separate offense is the same as the punishment 
provided under Federal law for that conduct had that injury or death 
occurred to the unborn child's mother.
    ``(B) An offense under this section does not require proof that--
            ``(i) the person engaging in the conduct had knowledge or 
        should have had knowledge that the victim of the underlying 
        offense was pregnant; or
            ``(ii) the defendant intended to cause the death of, or 
        bodily injury to, the unborn child.
    ``(C) If the person engaging in the conduct thereby intentionally 
kills or attempts to kill the unborn child, that person shall instead 
of being punished under subparagraph (A), be punished as provided under 
sections 1111, 1112, and 1113 of this title for intentionally killing 
or attempting to kill a human being.
    ``(D) Notwithstanding any other provision of law, the death penalty 
shall not be imposed for an offense under this section.
    ``(b) The provisions referred to in subsection (a) are the 
following:
            ``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 
        242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 
        924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 
        1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 
        1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and 
        (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 
        2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 
        2332a, 2332b, 2340A, and 2441 of this title.
            ``(2) Section 408(e) of the Controlled Substances Act of 
        1970 (21 U.S.C. 848(e)).
            ``(3) Section 202 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2283).
    ``(c) Nothing in this section shall be construed to permit the 
prosecution--
            ``(1) of any person for conduct relating to an abortion for 
        which the consent of the pregnant woman, or a person authorized 
        by law to act on her behalf, has been obtained or for which 
        such consent is implied by law;
            ``(2) of any person for any medical treatment of the 
        pregnant woman or her unborn child; or
            ``(3) of any woman with respect to her unborn child.
    ``(d) As used in this section, the term `unborn child' means a 
child in utero, and the term `child in utero' or `child, who is in 
utero' means a member of the species homo sapiens, at any stage of 
development, who is carried in the womb.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 90 the following new item:

``90A. Protection of unborn children........................    1841''.

SEC. 3. MILITARY JUSTICE SYSTEM.

    (a) Protection of Unborn Children.--Subchapter X of chapter 47 of 
title 10, United States Code (the Uniform Code of Military Justice), is 
amended by inserting after section 919 (article 119) the following new 
section:
``Sec. 919a. Art. 119a. Protection of unborn children
    ``(a)(1) Any person subject to this chapter who engages in conduct 
that violates any of the provisions of law listed in subsection (b) and 
thereby causes the death of, or bodily injury (as defined in section 
1365 of title 18) to, a child, who is in utero at the time the conduct 
takes place, is guilty of a separate offense under this section.
    ``(2)(A) Except as otherwise provided in this paragraph, the 
punishment for that separate offense is the same as the punishment 
provided under this chapter for that conduct had that injury or death 
occurred to the unborn child's mother.
    ``(B) An offense under this section does not require proof that--
            ``(i) the person engaging in the conduct had knowledge or 
        should have had knowledge that the victim of the underlying 
        offense was pregnant; or
            ``(ii) the accused intended to cause the death of, or 
        bodily injury to, the unborn child.
    ``(C) If the person engaging in the conduct thereby intentionally 
kills or attempts to kill the unborn child, that person shall, instead 
of being punished under subparagraph (A), be punished as provided under 
sections 880, 918, and 919(a) of this title (articles 80, 118, and 
119(a)) for intentionally killing or attempting to kill a human being.
    ``(D) Notwithstanding any other provision of law, the death penalty 
shall not be imposed for an offense under this section.
    ``(b) The provisions referred to in subsection (a) are sections 
918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title 
(articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
    ``(c) Nothing in this section shall be construed to permit the 
prosecution--
            ``(1) of any person for conduct relating to an abortion for 
        which the consent of the pregnant woman, or a person authorized 
        by law to act on her behalf, has been obtained or for which 
        such consent is implied by law;
            ``(2) of any person for any medical treatment of the 
        pregnant woman or her unborn child; or
            ``(3) of any woman with respect to her unborn child.
    ``(d) In this section, the term `unborn child' means a child in 
utero, and the term `child in utero' or `child, who is in utero' means 
a member of the species homo sapiens, at any stage of development, who 
is carried in the womb.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after the item relating to 
section 919 the following new item:

``919a. 119a. Protection of unborn children.''.

            Passed the House of Representatives September 30, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.