[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2219 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2219

              Entitled the ``Motherhood Protection Act''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2004

Mrs. Feinstein introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
              Entitled the ``Motherhood Protection Act''.

    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 ``Motherhood Protection Act''.

SEC. 2. PROTECTION OF PREGNANT WOMEN.

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

              ``CHAPTER 90A--PROTECTION OF PREGNANT WOMEN

              ``CHAPTER 90A--PROTECTION OF PREGNANT WOMEN

``Sec.
``1841. Causing termination of pregnancy or interruption of the normal 
                            course of pregnancy.
``Sec. 1841. Causing termination of pregnancy or interruption of the 
              normal course of pregnancy
    ``(a)(1) Any person who engages in conduct that violates any of the 
provisions of law listed in subsection (b) and thereby causes the 
termination of a pregnancy or the interruption of the normal course of 
pregnancy, including termination of the pregnancy other than by live 
birth 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 for that conduct under Federal law had that injury or death 
occurred to the pregnant woman.
    ``(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 termination or 
        interruption of the normal course of pregnancy.
    ``(C) If the person engaging in the conduct thereby intentionally 
causes or attempts to cause the termination of or the interruption of 
the pregnancy, that person shall be punished as provided under section 
1111, 1112, or 1113, as applicable, for intentionally terminating or 
interrupting the pregnancy or attempting to do so, instead of the 
penalties that would otherwise apply under subparagraph (A).
    ``(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), 844(f), 844(h)(1), 
        844(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), 1952(a)(2)(B), 
        1952(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) 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 matters related to the pregnancy; or
            ``(3) of any woman with respect to her pregnancy.''.
    (b) Clerical Amendment.--The table of chapters for part 1 of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 90 the following:

``90A. Protection of pregnant women.........................    1841''.

SEC. 3. MILITARY JUSTICE SYSTEM.

    (a) Protection of Pregnant Women.--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:
``Sec. Sec. 919a. Art. 119a. Causing termination of pregnancy or 
              interruption of normal course of pregnancy
    ``(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 termination of a pregnancy or the interruption of 
the normal course of pregnancy, including termination of the pregnancy 
other than by live birth, 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 for 
that conduct under this chapter had that injury or death occurred to 
the pregnant woman.
    ``(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 termination or 
        interruption of the normal course of pregnancy.
    ``(C) If the person engaging in the conduct thereby intentionally 
causes or attempts to cause the termination of or the interruption of 
the pregnancy, that person shall be punished as provided under section 
918, 919, or 880 of this title (article 118, 119, or 80), as 
applicable, for intentionally causing the termination of or 
interruption of the pregnancy or attempting to do so, instead of the 
penalties that would otherwise apply under subparagraph (A).
    ``(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 111, 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 matters relating to her pregnancy; or
            ``(3) of any woman with respect to her pregnancy.''.
    (b) Clerical amendment.--The table of sections at the beginning of 
subchapter X of chapter 47 of title 10, United States Code (the Uniform 
Code of Military Justice), is amended by inserting after the item 
relating to section 919 the following:

``919a. Causing termination of pregnancy and termination of normal 
                            course of pregnancy.''.
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