House Panels OK Bill Making Feticide A Felony

RICHMOND – Two committees in the Virginia House of Delegates have endorsed a bill that would make killing a fetus a felony.

House Bill 1126, sponsored by Del. S. Chris Jones (R-Suffolk) states that “any person, including the pregnant female, who administers to or causes to be taken by a pregnant female any drug or other thing or uses means with intent to destroy her unborn child or to produce abortion or miscarriage and thereby destroys such child or produces such abortion or miscarriage is guilty of a Class 4 felony.”

Jones introduced a similar measure in 2007, but it failed in the House Courts of Justice Committee.

However, on Feb. 1, the Courts of Justice Committee voted 18-4 in favor of HB 1126. And on Friday, the bill was approved 23-1 by the House Appropriations Committee. That makes Jones hopeful about his proposal.

“I am optimistic that it will make it to the floor this year and that we should be able to get it to the Senate,” he said.

Sen. Mamie Locke (D-Hampton) understands Jones’ reasoning. But she is unsure how HB 1126 would be received in the Senate.

“I don’t know what I’ll do once it gets over on our side,” Locke said. “But we’ll see if it makes it in.”

Last year, Jones actually sponsored two bills about feticide. HB 1631, which would have made feticide a Class 2 felony, was defeated in the House Courts of Justice Committee. HB 2648, making it a Class 4 felony to cause an abortion or miscarriage except with medically approved contraceptives, passed the House 72-25, but it was defeated on a 7-8 vote in the Senate Education and Health Committee.

Sen. Frederick M. Quayle (R-Suffolk) said he fully supports Jones’ current feticide bill.

“I suspect that he will get that out of the House this year. I mean, he got it (HB 2648) out of the House last year, and I think this time that he will get it out of the Senate,” Quayle said. “I was disappointed that he didn’t get it out last time.”

Similar pieces of legislation include:HB 422, sponsored by Del. Robert G. Marshall (R-Manassas). The proposal states “no abortion shall be performed following a determination by two physicians that the fetus to be aborted is viable. A violation is a Class 4 felony.” The bill is awaiting action in the House Courts of Justice Committee.HB 1556, sponsored by Del. Benjamin L. Cline (R-Amherst). It seeks to require doctors to offer to anesthetize a fetus before an abortion. Under the bill, doctors would have to provide informational materials stating that a fetus at 20 gestational weeks has the physical structures necessary to feel pain. The House has passed the measure, 68-31; it is now before the Senate Health and Education Committee

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