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Montana Fetal Homicide Law (HB 104)

This law was last updated on Apr 16, 2015


State

Montana

Number

HB 104

Status

Current

Proposed

Dec 12, 2012

Sponsors

Primary Sponsors: 1
Total Sponsors: 1

Topics

Fetal Homicide

Full Bill Text

leg.mt.gov

HB 104 amends current legislation to make it a criminal offense to cause the death of a fetus of another human being.  Under this law, the act of  “deliberate homicide” now includes if a person knowingly causes the death of a fetus of another with knowledge that the woman is pregnant.

A “mitigated deliberate homicide” now includes if someone purposely or knowingly causes the death of a fetus of another with the knowledge that the woman is pregnant but does so under the influence of extreme mental or emotional stress.

Under this law, a “fetus” is defined as “an organism of the species homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman’s body.”

The amended bill removes the possibility that a woman suffering a miscarriage or seeking an abortion would be charged with a crime, or that her health care provider would be charged with a crime.

STATUS

Passed.  Became law without the Governor’s signature.


People

Primary Sponsor