[Congressional Record (Bound Edition), Volume 147 (2001), Part 5]
[Extensions of Remarks]
[Page 6663]
[From the U.S. Government Publishing Office, www.gpo.gov]



                 UNBORN VICTIMS OF VIOLENCE ACT OF 2001

                                 ______
                                 

                               speech of

                          HON. JO ANN EMERSON

                              of missouri

                    in the house of representatives

                        Thursday, April 26, 2001

  Mrs. EMERSON. Mr. Speaker, to me, this is an issue concerning human 
life where the pro-life and pro-choice arguments do not apply. When 
there is an act of violence against a pregnant woman, we need to 
remember that more than one life is affected by this violent act. An 
attack against a pregnant woman is an attack against her unborn child 
and I believe that the law needs to reflect that. I am pleased to offer 
my support for the Unborn Victims of Violence Act and commend my 
colleague, Representative Lindsey Graham for his dedication and the 
action he has taken to protect and promote the life of the living--born 
or unborn.
  This legislation is similar to the legislation from my home state of 
Missouri where, as the law states, ``The killing of an ``unborn child'' 
at any stage of pre-natal development is involuntary manslaughter or 
first degree murder. (Mo. Ann. Stat. 1.205, 565.024, 565.020 (Vernon 
Supp. 1999), State v. Knapp, 843 S.W.2d 345 (Mo. 1992), State v. 
Holcomb, 956 S.W.2d 286 (Mo. App. W.D. 1997)).'' We make it clear back 
home that life is sacred and today's legislation makes it clear across 
the nation.
  If a criminal assaults a pregnant woman and her unborn child, and 
injures or kills the unborn child, common sense recognizes that the 
criminal has harmed two victims--the mother and the child. But current 
federal law does not reflect this common sense recognition. Federal law 
(including military law) considers that such an assailant has harmed 
only one victim. Even if the aggressor has purposefully killed an 
unborn child who has been named and whose birth is eagerly anticipated, 
he has thereby not committed a crime under federal law, beyond the 
crime of the assault on the mother. The Unborn Victims of Violence Act 
would correct this conspicuous gap in federal law. The bill would 
establish that if an unborn child is injured or killed during the 
commission of an already-defined federal crime of violence, then the 
assailant may be charged with a second offense on behalf of the second 
victim, the unborn child.
  You know, there are many out there who would rather not talk about 
these issues, but the fact of the matter is that it is time for us to 
take a look at where we have a consensus--similar to the consensus we 
have reached regarding partial-birth abortion. In turn, we use that 
consensus to work toward an end where common sense and understanding 
prevail while we reach out and educate each other about areas of 
disagreement. I believe that this, too, is one of those issues.
  Mr. Speaker, Missouri is known as the Show-Me-State. At home, we show 
our respect for human life by protecting the unborn. I am proud to be a 
co-sponsor of this life saving legislation and I am hopeful that today, 
Congress will show its respect for life and do the same.

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