[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2436 Reported in House (RH)]






                                                 Union Calendar No. 200
106th CONGRESS
  1st Session
                                H. R. 2436

                      [Report No. 106-332, Part I]

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 1999

  Mr. Graham (for himself, Mr. Smith of New Jersey, and Mr. Canady of 
   Florida) introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on Armed 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

                           September 24, 1999

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 24, 1999

   Referral to the Committee on Armed Services extended for a period 
                ending not later than September 29, 1999

                           September 29, 1999

Additional sponsors: Mr. Pitts, Mr. Salmon, Mr. Bliley, Mr. Shows, Mr. 
  Bachus, Mr. Hutchinson, Mr. LaHood, Mr. Tancredo, Mr. Kingston, Mr. 
 Hilleary, Mr. DeMint, Mr. Green of Wisconsin, Mr. Coburn, Mr. Tiahrt, 
 Mr. Hyde, Mr. Largent, Mr. Istook, Mr. Hill of Montana, Mr. Aderholt, 
Mr. Souder, Mr. Stearns, Mr. Rahall, Mr. Burton of Indiana, Mr. Weldon 
of Florida, Mr. Hayes, Mr. Boehner, Mr. English, Mr. Blunt, Mr. Barcia, 
   Mr. Phelps, Mr. Dickey, Mrs. Myrick, Mr. Gutknecht, Mr. Lewis of 
Kentucky, Mr. Goodlatte, Mr. Barr of Georgia, Mr. Fletcher, Mr. Ryan of 
 Wisconsin, Mr. Shimkus, Mr. Hunter, Mr. Armey, Mr. Watts of Oklahoma, 
  Mr. Wamp, Mr. Duncan, Mr. Hoekstra, Mr. Lucas of Kentucky, Mr. Gary 
Miller of California, Mr. McIntosh, Mr. Chabot, Mr. Stenholm, Mr. Ryun 
 of Kansas, Mr. Costello, Mr. Vitter, Mrs. Emerson, Mr. Oberstar, Mr. 
 Hostettler, Mr. Brady of Texas, Mr. Skelton, Mr. Schaffer, Mr. DeLay, 
 Mr. Barton of Texas, Mr. Norwood, Mr. Baker, Mr. Talent, Mr. Hall of 
Texas, Mr. Knollenberg, Mr. Deal of Georgia, Mr. Collins, Mr. Bereuter, 
 Mr. Cook, Mr. Hulshof, Mr. Hastings of Washington, Mr. Chambliss, Mr. 
 Shadegg, Mr. Mica, Mr. Hansen, Mr. Bartlett of Maryland, Mr. Sanford, 
  Mr. Bryant, Mr. Crane, Mr. Oxley, Mr. Doolittle, Mr. Jones of North 
 Carolina, Mr. Packard, Mr. Ney, Mr. Murtha, Mr. Sam Johnson of Texas, 
      Mr. Hayworth, Mr. Wicker, Mr. Camp, Mr. Stupak, and Mr. Wolf

                           September 29, 1999

The Committee on Armed Services discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on July 1, 
                                 1999]

_______________________________________________________________________

                                 A BILL


 
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 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 has been obtained or 
        for which such consent is implied by law in a medical 
        emergency;
            ``(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) The punishment for that separate offense is the same as the 
punishment provided for that conduct under this chapter had the injury 
or death occurred to the unborn child's mother, except that the death 
penalty shall not be imposed.
    ``(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) Subsection (a) does not permit prosecution--
            ``(1) for conduct relating to an abortion for which the 
        consent of the pregnant woman has been obtained or for which 
        such consent is implied by law in a medical emergency;
            ``(2) for conduct relating to 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.''.
    (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.''.
                                     





                                                 Union Calendar No. 200

106th CONGRESS

  1st Session

                               H. R. 2436

                      [Report No. 106-332, Part I]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                           September 24, 1999

   Referral to the Committee on Armed Services extended for a period 
                ending not later than September 29, 1999

                           September 29, 1999

The Committee on Armed Services discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed