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January 03. 2012 11:29PM

Fetal homicide bill proposed

CONCORD — Today the House is likely to consider a bill treating a fetus' death as murder, manslaughter or negligent homicide.

But the bill's prime sponsor, Rep. Kathleen Souza, R-Manchester, opposes changes made to the bill in committee that would restrict the definition of fetal homicide to fetuses more than 24 weeks. The revisions also require that the perpetrator knowingly or purposely cause the death — and be aware the woman is pregnant.

“I would rather lose than have it completely messed up,” Souza said of the legislation. “If you put in the wrong concept, it will be difficult to get the right one later.”

The amended bill was supported on a 12-4 vote in the House Criminal Justice and Public Safety Committee.

But Souza said she will offer another amendment when the bill comes to the floor to return it to its original language — which does not limit the law to fetuses older than 24 weeks or to have to knowingly cause the death.

“If a person is age 2 or 20 or 90, a life is a life and a family has lost a child,” Souza said. “There would be no recognition in the (proposed) law that they have lost a child (if it is not yet 24 weeks.)”

She also questions why a person could only be charged for knowingly or purposely causing the death of a fetus.

“Where in the law does it say that killing a person by accident, the person is not dead,” Souza said. “If someone robs someone and kills them in their home, whether or not they knew they were pregnant doesn't matter. They are dead and it's a crime.”

In the past, opponents of fetal homicide legislation have characterized it as a back-door attempt to ban abortions, but Souza reiterated that the bill is not about abortion.

Souza was the prime sponsor of the recently enacted parental notification law, which requires females 18 years old and younger to tell parents before an abortion can be performed.

Souza said the fetal homicide bill was originally proposed by former Rep. Caroline Brady, whose friend lost his wife and unborn child in an accident.

She said this is the third time she has been the prime sponsor of the proposed legislation.

Supporters of the amended version of the bill say the original bill would not receive enough votes to override a likely Gov. John Lynch veto.

Souza said if the original bill passes and Lynch vetoes it, “we can deal with it then. I want to make sure it is right.”

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