[Congressional Record Volume 147, Number 29 (Wednesday, March 7, 2001)]
[Senate]
[Pages S1987-S1988]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself, Mr. Hutchinson, Mr. Hatch, Mr. 
        Voinovich, Mr. Brownback, Mr. Ensign, Mr. Enzi, Mr. Hagel, Mr. 
        Helms, Mr. Inhofe, Mr. Nickles, and Mr. Santorum):
  S. 480. A bill to amend titles 10 and 18. United States Code, to 
protect unborn victims of violence; to the Committee on the Judiciary.
  Mr. DeWINE. Mr. President, I rise today to speak, once again, on 
behalf of unborn children who are the silent victims of violent crimes. 
Today, along with my distinguished colleagues, Senators Hutchinson, 
Hatch, Voinovich, Brownback, Ensign, Enzi, Hagel, Helms, Inhofe, 
Nickles, and Santorum, I am introducing a bill called the ``Unborn 
Victims of Violence Act of 2001,'' which would create a separate 
offense for criminals who injure or kill an unborn child.
  Our bill, which is similar to legislation we sponsored in the 106th 
Congress, would establish new criminal penalties for anyone injuring or 
killing a fetus while committing certain federal offenses. Therefore, 
this bill would make any murder or injury of an unborn child during the 
commission of certain existing federal crimes a separate crime under 
federal law and the Uniform Code of Military Justice. Twenty-four 
states already have criminalized the killing or injuring of unborn 
victims during a crime. The Unborn Victims of Violence Act simply 
acknowledges that violent acts against unborn babies are also criminal 
when the assailant is committing a federal crime.
  We live in a violent world. And sadly, sometimes, perhaps more often 
than we realize, even unborn babies are the targets, intended or 
otherwise, of violent acts. I'll give you some disturbing examples.
  In 1996, Airman Gregory Robbins and his family were stationed in my 
home state of Ohio at Wright-Patterson Air Force Base in Dayton. At 
that time, Mrs. Robbins was more than eight months pregnant with a 
daughter they named Jasmine. On September 12, 1996, in a fit of rage, 
Airman Robbins wrapped his fist in a T-shirt and savagely beat his wife 
by striking her repeatedly about the head and abdomen. Fortunately, 
Mrs. Robbins survived the violent assault. Tragically, however, her 
uterus ruptured during the attack, expelling the baby into her 
abdominal cavity, causing Jasmine's death.
  Air Force prosecutors sought to prosecute Airman Robbins for 
Jasmine's death, but neither the Uniform Code of Military Justice nor 
the federal code makes criminal such an act which results in the death 
or injury of an unborn child. The only available federal offense was 
for the assault on the mother. This was a case in which the only 
available federal penalty did not fit the crime. So prosecutors 
bootstrapped the Ohio fetal homicide law to convict Airman Robbins of 
Jasmine's death. Fortunately, upon appeal, the court upheld the lower 
court's ruling.
  If it hadn't been for the Ohio law that was already in place, there 
would have been no opportunity to prosecute and punish Airman Robbins 
for the assault against Baby Jasmine. That's why we need a Federal 
remedy to avoid having to bootstrap state laws to provide recourse when 
a violent act occurs during the commission of a federal crime. A 
federal remedy will ensure that crimes within federal jurisdiction 
against unborn victims are punished.
  Let me give you another example. In August 1999, Shiwona Pace of 
Little Rock, Arkansas, was days away from giving birth. She was 
thrilled about her pregnancy. Her boyfriend, Eric Bullock, however, did 
not share her joy and enthusiasm. In fact, Eric wanted the baby to die. 
So, he hired three thugs to beat his girlfriend so badly that she lost 
the unborn baby. According to Shiwona, who testified at a Senate 
Judiciary hearing we held in Washington on February 23, 2000: ``I 
begged and pleaded for the life of my unborn child, but they showed me 
no mercy. In fact, one of them told me, `Your baby is dying tonight.' I 
was choked, hit in the face with a gun, slapped, punched and kicked 
repeatedly in the stomach. One of them even put a gun in my mouth and 
threatened to shoot.''
  In this particular case, just a few short weeks before this vicious 
attack, Arkansas passed its ``Fetal Protection Act.'' Under the state 
law, Erik Bullock was convicted on February 9, 2001, of capital murder 
against Shiwona's unborn child and sentenced to life in prison without 
parole. He was also convicted of first degree battery for harm against 
Shiwona.
  In yet another example, this one in Columbus, 16-year-old Sean Steele 
was found guilty of two counts of murder for the death of his 
girlfriend Barbara ``Bobbie'' Watkins, age 15, and her 22-week-old 
unborn child. He was convicted under Ohio's unborn victims

[[Page S1988]]

law, which represented the first murder conviction in Franklin County, 
Ohio, in which a victim was a fetus.
  Look at one more example. In the Oklahoma City and World Trade Center 
bombings, Federal prosecutors were able to charge the defendants with 
the murders of or injuries to the mothers, but not to their unborn 
babies. Again, federal law currently fails to criminalize these violent 
acts. There are no federal provisions for the unborn victims of federal 
crimes.
  Our bill would make acts like this, acts of violence within federal 
jurisdiction, Federal crimes. This is a very simple step, but one that 
will have a dramatic effect.
  The fact is that it's just plain wrong that our federal government 
does absolutely nothing to criminalize violent acts against unborn 
children. We cannot allow criminals to get away with murder. We must 
close this loophole.
  As a civilized society, we must take a stand against violent crimes 
against children, especially those waiting to be born. We must close 
this loophole.
  We purposely drafted this legislation very narrowly. Because of that, 
our bill would not permit the prosecution for any abortion to which a 
woman consented. It would not permit the prosecution of a woman for any 
action, legal or illegal, in regard to her unborn child. Our 
legislation would not permit the prosecution for harm caused to the 
mother or unborn child in the course of medical treatment. And finally, 
our bill would not allow for the imposition of the death penalty under 
this Act.
  It is time that we wrap the arms of justice around unborn children 
and protect them against criminal assailants. Everyone agrees that 
violent assailants of unborn babies are criminals. When acts of 
violence against unborn victims fall within federal jurisdiction, we 
must have a penalty. We have an obligation to our unborn children who 
cannot speak for themselves. I think Shiwona Pace said it best when she 
testified at our hearing, ``The loss of any potential life should never 
be in vain.''
  I strongly urge my colleagues to join in support of this legislation.
                                 ______