[Congressional Record (Bound Edition), Volume 145 (1999), Part 16]
[Senate]
[Pages 23554-23555]
[From the U.S. Government Publishing Office, www.gpo.gov]



                     UNBORN VICTIMS OF VIOLENCE ACT

  Mr. DeWINE. Mr. President, yesterday my colleagues in the Senate, 
Senator Helms, Senator Enzi, Senator Voinovich, Senator Tim Hutchinson, 
and Senator Nickles, introduced a bill that would establish new 
criminal penalties for anyone injuring or harming a fetus while 
committing another Federal offense. By providing a Federal remedy, our 
bill, the bill we are calling the Unborn Victims of Violence Act, will 
help ensure that crimes against unborn victims are in fact punished. 
The House passed their version of this bill yesterday by a vote of 254 
to 172.
  Tragically, unborn babies, perhaps more than we realize, are the 
targets--sometimes intended, sometimes otherwise--of violent acts. That 
is why we need to pass this bill.
  Let me give several very disturbing real-life examples.
  In 1996, Airman Gregory Robbins and his family were stationed in my 
home State of Ohio at Wright-Patterson Air Force Base. At that time, 
Mrs. Robbins was more than 8 months pregnant with a daughter whom they 
would name Jasmine.
  On September 12, 1996, in a fit of rage, Airman Robbins wrapped his 
fist in a T-shirt to reduce the chance he would inflict visible 
injuries and then savagely beat his wife by striking her repeatedly 
about the head and the stomach. Fortunately, Mrs. Robbins survived this 
violent assault, but, sadly and tragically, her uterus ruptured during 
the attack, expelling the baby into her abdominal cavity, causing this 
little child's death.
  A prosecutor sought to prosecute the airman for the little girl's 
death, but neither the Uniform Code of Military Justice nor the Federal 
code makes criminal such an act, such an act which results in the death 
or injury of an unborn child. So they had to look outside the Federal 
code, outside that law. The only available Federal offense actually was 
for the assault on the mother. That, of course, is a Federal offense.
  This was a case in which the only available Federal penalty obviously 
did not fit the crime. So prosecutors looked outside Federal law, used 
Ohio law, and then bootstrapped--if we can use the term--the Ohio fetal 
homicide law to convict Mr. Robbins of Jasmine's death. This case is 
currently pending appeal. We certainly hope justice is done. It is 
being appealed under the theory that if it was not in fact a Federal 
offense, you could not use the assimilation statute to bring this into 
the court using the Ohio law.
  If it weren't for the Ohio law that is already in place and that the 
Presiding Officer of the Chamber was very instrumental in getting 
passed and signed into law, there would have been no opportunity to 
prosecute and punish Airman Robbins for the assault against baby 
Jasmine.
  We need a Federal remedy to avoid having to bootstrap State laws and 
to provide recourse when a violent act occurs during the commission of 
a Federal crime, especially in cases when the State in which the crime 
occurs does not have a fetal protection law in place, because there are 
some States that simply do not.
  There are other sickening examples of violence against innocent 
unborn children. An incident occurred in Arkansas just a few short 
weeks ago. Nearly 9 months pregnant, Shawana Pace of Little Rock was 
days away from giving birth to a child. She was thrilled about the 
pregnancy. Her boyfriend, Eric Bullock, did not share her joy and did 
not share her enthusiasm. In fact, Eric wanted the baby to die. So he 
hired three thugs to beat her, and to beat her so badly that she would 
lose this unborn child. During the vicious assault against mother and 
child, one of the hired hitmen allegedly said--and I quote--Your baby 
is going to die tonight.
  Tragically, the baby did die that night. Shawana named the baby 
Heaven. We all should be saddened, we all should be sickened, by the 
sheer inhumanity and brutality of this act of violence.
  Fortunately, the State of Arkansas, like Ohio, passed a fetal 
protection law which allows Arkansas prosecutors to charge defendants 
with murder for the death of a fetus. Under previous law, such 
attackers could be charged only with crimes against the pregnant woman. 
That is under the old law, as in the case of Baby Jasmine's death in 
Ohio, but for the Arkansas State law, there would be no remedy--no 
punishment--for Baby Heaven's brutal murder. The only charge would be 
assault against the mother.
  Another example: In the Oklahoma City World Trade Center bombings--
here, too--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 only provides penalties for crimes 
against born humans. There are no Federal provisions for the unborn, no 
matter what the circumstances, no matter how heinous the crime. This 
clearly is wrong.
  Within the Senate, we have the power to do something about this, to 
rectify this wrong, to change the law. That is what our bill is 
intended to do.
  It is wrong that our Federal Government does absolutely nothing to 
criminalize violent acts against unborn children. We must correct this 
loophole. I think most Americans would look at it that way and say that 
is a loophole that should not exist. Congress should change this. We 
must correct this loophole in our law, for it allows criminals to get 
away with violent acts--and sometimes even allows them to get away with 
murder.
  We, as a civilized society, should not, with good conscience, stand 
for that. That is why our bill would hold criminals liable for conduct 
that harms or kills an unborn child. It would make it

[[Page 23555]]

a separate crime under the Federal Code and the Uniform Code of 
Military Justice to kill or injure an unborn child during the 
commission of certain existing Federal crimes.
  Our bill, the Unborn Victims of Violence Act, would create a separate 
offense for unborn children. It would acknowledge them as the victims 
they are. Our bill would no longer allow violent acts against unborn 
babies to be considered victimless crimes. At least 24 States already 
have criminalized harm to unborn victims, so this is not a new concept. 
Another seven States have criminalized the unlawful termination of a 
pregnancy.
  In November of 1996, a baby, just 3 months from full term, was killed 
in Ohio as a result of road rage. An angry driver forced a pregnant 
mother's car to crash into a flatbed truck. Because the Ohio Revised 
Code imposes criminal liability for any violent conduct that terminates 
a pregnancy of a child in utero, the prosecutor successfully tried and 
convicted the driver for recklessly causing the baby's death. Our bill 
would make an act of violence such as this a Federal crime. It would 
make sure it was always covered. This is a very simple step, but one 
that will have a dramatic affect. It is, quite frankly, a question of 
justice.
  Let me make it clear to my colleagues in the Senate that we purposely 
drafted this legislation very narrowly. For example, it 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. That is not what the intent of 
this legislation is all about. This legislation, further, would not 
permit the prosecution for harm caused to the mother or unborn child in 
the case of medical treatment. The bill would not allow for the 
imposition of the death penalty under this act.
  It is time we wrap the arms of justice around unborn children and 
protect them against criminal assailants. Those who violently attack 
unborn babies are criminals. The Federal penalty should, in fact, fit 
the crime. I strongly urge my colleagues to support our legislation. We 
have an obligation to our unborn children. This bill will bring about 
justice. It is the right thing to do.
  I thank the Chair and yield the floor.
  Ms. LANDRIEU addressed the Chair.
  The PRESIDING OFFICER. The Senator from Louisiana is recognized.
  Ms. LANDRIEU. Mr. President, I ask unanimous consent to speak for 15 
minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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