Utah Feticide Bill--Update
First, a piece of news. The governor of Utah sent the feticide bill back to the legislature. On Thursday, Carl Wimmer, the chief sponsor of the bill, withdrew it.
However, we're not out of the woods yet. The bill--H.B. 462, now (offered here with amendments)--was revised very quickly. Yes, the "reckless" clause was taken out of the new version of the bill. But it still permits the prosecution of women who commit "knowing" acts that may result in stillbirths and miscarriages from the earliest stages of pregnancy.
Wimmer says that "the language in the bill requiring 'intentional, knowing or reckless' acts by a woman against her unborn child sets a high bar that would only allow questions to be asked in the most glaring of cases."
Behavior by a mother that might harm but not kill her fetus, including use of alcohol or tobacco, would not be covered by the bill, he said. But, he added, a mother who killed her fetus by taking illegal drugs might conceivably be charged.
I'm not sure, after reading the bill, whether it remains dangerous or not. It looks as if the Utah legislature has tried to be far more clear about definitions this time around--but the question is, how is it likely to be interpreted by law enforcement and by judges? That's the key.
I'm not sure we're out of the woods yet.
However, we're not out of the woods yet. The bill--H.B. 462, now (offered here with amendments)--was revised very quickly. Yes, the "reckless" clause was taken out of the new version of the bill. But it still permits the prosecution of women who commit "knowing" acts that may result in stillbirths and miscarriages from the earliest stages of pregnancy.
Wimmer says that "the language in the bill requiring 'intentional, knowing or reckless' acts by a woman against her unborn child sets a high bar that would only allow questions to be asked in the most glaring of cases."
Behavior by a mother that might harm but not kill her fetus, including use of alcohol or tobacco, would not be covered by the bill, he said. But, he added, a mother who killed her fetus by taking illegal drugs might conceivably be charged.
I'm not sure, after reading the bill, whether it remains dangerous or not. It looks as if the Utah legislature has tried to be far more clear about definitions this time around--but the question is, how is it likely to be interpreted by law enforcement and by judges? That's the key.
I'm not sure we're out of the woods yet.