[Congressional Record Volume 149, Number 67 (Wednesday, May 7, 2003)]
[Senate]
[Pages S5873-S5876]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself, Mr. Graham of South Carolina, Mr. 
        Hatch, Mr. Brownback, Mr. Santorum, Mr. Bunning, Mr. Chambliss, 
        Mr. Coleman, Mr. Ensign, Mr. Enzi, Mr. Fitzgerald, Mr. 
        Grassley, Mr. Inhofe, Mr. Kyl, Mr. McCain, Mr. Nickles, Mr. 
        Shelby, Mr. Talent, and Mr. Voinovich):
  S. 1019. A bill to amend titles 10 and 18, United States Code, to 
protect unborn victims of violence; read the first time.
  Mr. DeWINE. Mr. President, the recent nationwide publicity 
surrounding the murder of 27-year-old Laci Peterson and her unborn son, 
Conner, has renewed public concern about violence against the unborn--
and rightfully so.
  Not long ago, the bodies of Laci--who was eight months pregnant at 
the time she disappeared--and Conner were discovered on a rocky 
shoreline of the San Francisco Bay. Baby Conner was found near his 
mother with his umbilical cord still attached.
  Under California State law, intentionally killing a fetus is murder, 
and California prosecutors are seeking to bring separate murder charges 
in the deaths of Laci Peterson and her unborn son. But, I want make it 
very clear to my colleagues here in the Senate that the murder charge 
that California prosecutors will bring for the death of Laci's son 
would not be permitted if that crime were being prosecuted under 
current Federal law. And that--that is why we need to pass and get 
signed into law the Unborn Victims of Violence Act. Let me explain.

[[Page S5874]]

  In about half the States today, 26, if you commit a crime of violence 
against a pregnant woman and her unborn baby dies, you can be punished 
for the violence against both the mother and the unborn child. But, 
tragically, if you commit a Federal crime of violence against a 
pregnant woman and her baby dies, the death of the unborn child could 
essentially go unpunished. Examples of such Federal crimes of violence 
would include kidnapping across State lines, drug-related drive-by 
shootings, or assaults on Federal property.
  This gap in the law leads to glaring injustices. It is time that we 
close this gap once and for all and let justice wrap its arms around 
our society's most vulnerable members.
  That is why, it is imperative that we pass the Unborn Victims of 
Violence Act--once and for all. Today, along with several of my 
distinguished colleagues--Senators Graham of South Carolina, Hatch, 
Brownback, Santorum, Kyl, Voinovich, McCain, Ensign, Enzi, Inhofe, 
Nickles, Bunning, Coleman, Chambliss, Grassley, Fitzgerald, Shelby, and 
Talent--we are re-introducing our legislation. This is the fourth time 
that I have introduced this bill--in fact, it was the first piece of 
legislation that I introduced at the start of the 108th Congress. This 
bill is strongly supported by President Bush, and a companion measure 
passed the House of Representatives in two previous Congresses. I 
intend to take procedural steps that would make this bill eligible to 
be taken up directly by the Senate, without further Committee action.
  I thank my colleagues for their support of this effort, and would 
like to recognize especially Senator Graham of South Carolina, who 
championed this issue on the House side before joining us in the 
Senate. He has worked tirelessly to see to it that the most vulnerable 
are protected. I also would like to thank our lead House sponsors--
Congresswoman Melissa Hart from Pennsylvania and my friend and 
colleague from Ohio, Congressman Steve Chabot. They, too, are working 
tirelessly to get this bill passed by the other Chamber and signed into 
law.
  Our bill would establish new criminal penalties for anyone injuring 
or killing a fetus while committing certain Federal offenses. 
Specifically, 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-six, 26, States already have criminalized the killing 
or injuring of unborn victims during a 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. We have to protect these innocent victims. 
I'd like to share some disturbing examples with my colleagues of 
situations where the deaths of unborn children would have gone 
unpunished but for the existence of State criminal laws. If these same 
crimes would have occurred in the 24 States today that don't have such 
State laws, justice would not have been served, because there is simply 
no Federal law in place to try these crimes.
  First, let me talk about the example of Airman Gregory Robbins. In 
1996, Airman 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 that 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 unborn victims 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, AK, 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 law, which 
represented the first murder conviction in Franklin County, OH, in 
which a victim was a fetus.
  Ultimately, the fact is that it is 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.
  This is about making sure justice is done when a pregnant woman is 
attacked. And ultimately, I think that everyone in this Chamber would 
agree that people who violently attack unborn babies should be 
punished. 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 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 important 
legislation.
  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. 1019

       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.

[[Page S5875]]

     ``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 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.''.

  Mr. HATCH. Mr. President, I rise today to offer my support for the 
introduction of S. 119, the Unborn Victims of Violence Act of 2003. I 
applaud Senators DeWine and Lindsey Graham for their longstanding and 
essential leadership on this issue in the Senate and the House. The 
importance of this issue is made tragically clear by the recent murder 
of Laci Peterson and her unborn son, Conner.
  In my home State of Utah, if a criminal assaults or kills a woman who 
is pregnant and thereby causes death or injury to the unborn child, the 
criminal faces the possibility of being prosecuted for having taken or 
injured that unborn life. Twenty-five additional States have similar 
laws on the books. Eleven of those States recognize the unborn child as 
a victim throughout the entire period of prenatal development. This is 
only proper and, it seems to me, only just.
  But under existing Federal criminal statutes, if a criminal assaults 
or kills a woman who is pregnant and thereby causes death or injury to 
that unborn child, the criminal faces no consequences in our Federal 
criminal justice system for taking or injuring that innocent, unborn 
life. This is wrong and it is not justified.
  This bill fixes the gap in Federal law by making it a separate 
Federal offense to kill or injure an unborn child during the commission 
of certain already-defined Federal crimes committed against the unborn 
child's mother. This bill does not usurp jurisdiction over States that 
do not currently have laws that protect unborn victims of violence. It 
only applies to Federal crimes.
  I cannot imagine why anyone would oppose this bill. The only reason 
for opposition that I can suppose is that some in the pro-choice 
movement believe that our bill draws attention to the effort to 
dehumanize, desensitize, and depersonalize the unborn child. Given the 
political and legal arguments of abortion supporters, it may be 
difficult for them to concede an unborn child is human and therefore a 
victim of a crime.
  Nevertheless, it is not our intention in this bill to turn the debate 
into a battle on abortion. In no way does this bill interfere with the 
ability of a woman to have an abortion under current law. The bill 
specifically does not apply to a woman who engages in any action, legal 
or illegal, in regard to her unborn child. Therefore, it would not 
apply to any abortion to which a woman consents. In my view, we should 
all be able to support this modest effort to protect mothers and their 
unborn children.
  Some will try to claim that this bill weakens domestic violence laws 
by diverting attention to the unborn. That is simply not true. I am a 
strong supporter of domestic violence laws in this Nation. I believe 
domestic violence is an evil plague that needs to be stopped.
  For nearly 15 years, I have worked hard on the issue of domestic 
violence and violence against women. And when I stand here today before 
the entire United States Senate and offer my support for a bill, I 
certainly make sure that bill does not diminish in any way our capacity 
and will to curb domestic violence and protect women. This bill, in 
fact, strengthens domestic violence laws by making it a separate 
criminal offense under our Federal legal system to cause death or 
injury to an unborn child as a result of violence.
  For several months now, the Nation has watched in the media the 
unfortunate and tragic story of Laci Peterson. She was an expectant 
mother from California who mysteriously vanished shortly before 
Christmas. In mid-April, her decomposing body and the body of her 
unborn child washed ashore at a San Francisco-area beach.

[[Page S5876]]

  The Nation has witnessed a community in mourning over the 
disappearance and death of Laci Peterson and her unborn son, Conner. 
Laci Peterson was the truly tragic victim of violence that not only 
took her life but also the innocent life of her unborn son. This is a 
truly devastating story, especially for those who knew and loved Laci 
Peterson and eagerly awaited the birth of her son Conner. I want to do 
what I can to see that justice is served if there is ever a case 
similar to this that comes before our Federal judicial system, and that 
is why I support this measure.
  A Fox News/Opinion Dynamics Poll conducted on April 22 and 23 
indicated that of the 900 registered voters polled, 49 percent 
considered themselves pro-choice while only 41 percent said they are 
pro-life. But what is even more interesting is this same poll showed 84 
percent believed Scott Peterson should be charged with two counts of 
homicide for murdering his wife and unborn son. California law permits 
criminals to be charged with murder for killing an unborn child when it 
has developed past the embryonic stage.
  Now remember, the majority of those polled in this survey said they 
were pro-choice. But the tragic murder of an innocent, unborn child is 
shocking and twisted enough that, regardless of any stance on abortion, 
the vast majority of Americans strongly believe an unborn life taken in 
murder should result in murder charges brought against the perpetrator. 
It is only fair and just to ask for our Federal judicial system to 
incorporate such a strong desire of the American people.
  Some will try to confuse the issue here. Let me be clear, the debate 
on this bill is not about abortion--far from it. It does not affect 
current law regarding abortion. This bill does not in any way interfere 
with or weaken domestic violence laws or laws intended to prevent 
violence against women. This is a simple remedy to a terrible crime. I 
hope that Congress will seriously consider this bill and promptly pass 
it.
                                 ______