[Congressional Record Volume 149, Number 5 (Monday, January 13, 2003)]
[Senate]
[Pages S233-S234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself, Mr. Graham of South Carolina, Mr. 
        Voinovich, Mr. Ensign, Mr. Brownback, Mr. Enzi, Mr. Inhofe, Mr. 
        Nickles, Mr. Santorum, and Mr. Fitzgerald):
  S. 146. 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 ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 146

       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 2003''.

     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. Causing death of or bodily injury to unborn child.

     ``Sec. 1841. Causing death of or bodily injury to unborn 
       child

       ``(a)(1) Any person 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) 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 for that conduct under Federal law 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 section 1111, 
     1112, or 1113, as applicable, for intentionally killing or 
     attempting to kill a human being, 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 her unborn child; or
       ``(3) of any woman with respect to her unborn child.
       ``(d) In this section--
       ``(1) the terms `child in utero' and `child, who is in 
     utero' mean a member of the species homo sapiens, at any 
     stage of development, who is carried in the womb; and
       ``(2) the term `unborn child' means a child in utero.''.
       (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:

``90A. Causing death of or bodily injury to unborn child....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:

     ``Sec. 919a. Art. 119a. Causing death of or bodily injury to 
       unborn child

       ``(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 for that conduct under this chapter 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 section 918, 
     919, or 880 of this title (article 118, 119, or 80), as 
     applicable, for intentionally killing or attempting to kill a 
     human being, instead of

[[Page S234]]

     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 her unborn child; or
       ``(3) of any woman with respect to her unborn child.
       ``(d) In this section--
       ``(1) the terms `child in utero' and `child, who is in 
     utero' mean a member of the species homo sapiens, at any 
     stage of development, who is carried in the womb; and
       ``(2) the term `unborn child' means a child in utero.''.
       (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. 119a. Causing death of or bodily injury to unborn child.''.
                                 ______