Washington Fetal Homicide Bill (HB 2130)

HB 2130 would declare a person guilty of murder in the first degree when he or she intentionally causes the death of an unborn viable child (24 weeks gestation or older).  This would include a person intentionally inflicting an injury upon the mother of unborn viable child; or when a person, potentially even the mother, “engages in conduct which creates a grave risk of death to an unborn viable child, and thereby causes it’s death.”

A person would be found guilty of second degree murder if he or she intentionally inflicts an injury upon the mother and causes a death of the unborn viable child but without premeditation.

In Washington, it is currently considered manslaughter for a person to intentionally kill an unborn quick child by inflicting an injury upon the mother.  This bill would increase the sentence to first or second degree murder, but would also allow for the mother to be found guilty of murder if she is believed to have acted “under circumstances manifesting an extreme indifference to human life” and caused the death of the unborn viable child.

STATUS

Reintroduced and retained in present status on April 29, 2015 which means it will be live in the next legislative session.

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