Montana Fetal Homicide Law (HB 104)
This law was last updated on Apr 16, 2015
Number
HB 104
Status
Current
Proposed
Dec 12, 2012
Sponsors
Primary Sponsors: 1
Total Sponsors: 1
Topics
Fetal HomicideFull Bill Text
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
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