SENATE, No. 2436

STATE OF NEW JERSEY

211th LEGISLATURE

INTRODUCED MARCH 21, 2005

Sponsored by:

Senator THOMAS H. KEAN, JR.

District 21 (Essex, Morris, Somerset and Union)

SYNOPSIS

    Creates the offense of fetal homicide.

CURRENT VERSION OF TEXT

    As introduced.

An Act concerning fetal homicide, amending N.J.S.2C:11-2 and supplementing Title 2C of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. N.J.S.2C:11-2 is amended to read as follows:

    2C:11-2. Criminal homicide. a. A person is guilty of criminal homicide if he purposely, knowingly, recklessly or, under the circumstances set forth in section 2C:11-5, causes the death of another human being or an unborn child.

    b. Criminal homicide is murder, manslaughter, fetal homicide or death by auto.

(cf: P.L.1979, c. 178, s. 20)

    2. (New section) Fetal Homicide. a. Criminal homicide constitutes fetal homicide, if the actor:

    (1) purposely causes the death of an unborn child or the actor purposely causes serious bodily injury to the victim resulting in the death of her unborn child; or

    (2) knowingly causes the death of an unborn child or the actor knowingly causes serious bodily injury to the victim resulting in the death of her unborn child.

    b. The provisions in subsection a. shall not apply to any person who commits an act which results in the death of an unborn child if any of the following apply:

    (1) The act consisted of a therapeutic abortion and complied with applicable health and safety regulations;

    (2) The act was committed pursuant to usual and customary standards of medical practice during a diagnostic testing or therapeutic treatment; or

    (3) The act was solicited, aided or consented to by the mother of the fetus.

    c. As used in this act "unborn child" means an individual at any stage of development from fertilization until birth.

    d. Fetal homicide is a crime of the first degree and upon conviction thereof a person may be sentenced in accordance with the provisions of N.J.S.2C:11-3.

    3. This act shall take effect immediately.

STATEMENT

    This bill provides that the intentional killing of an unborn child would constitute criminal homicide.

    Under the provisions of the bill, a person would be guilty of the crime of fetal homicide if he purposely causes the death of an unborn child or purposely causes serious bodily injury to the victim resulting in the death of her unborn child, or knowingly causes the death of an unborn child or knowingly causes serious bodily injury to the victim resulting in the death of her unborn child.

    The bill would not apply to a person who commits an act which results in the death of an unborn child under any of the following circumstances:

    (1) The act consisted of a therapeutic abortion and complied with applicable health and safety regulations;

    (2) The act was committed pursuant to usual and customary standards of medical practice during a diagnostic testing or therapeutic treatment; or

    (3) The act was solicited, aided or consented to by the mother of the fetus.

    The bill defines the term "unborn child" as "an individual at any stage of development from fertilization until birth."

    Under the bill, fetal homicide would be a crime of the first degree and upon conviction the defendant may be sentenced in accordance with the provisions of N.J.S.2C:11-3, Murder. This statute provides that the court would sentence the defendant to a term of 30 years during which the defendant is not eligible for parole, or to a specific term between 30 years and life imprisonment of which the defendant must serve 30 years before being eligible for parole.