(This measure has not been amended since it was passed by the House on February 26, 2004. The summary of that version is repeated here.)
Unborn Victims of Violence Act of 2004 or Laci and Conner's Law - Provides that persons who commit certain Federal violent crimes (conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles of the Uniform Code of Military Justice (UCMJ) ) and thereby cause the death of, or bodily injury to, a child who is in utero shall be guilty of a separate offense. Requires the punishment for that separate offense to be the same as provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother (or in the case of a UCMJ violation, to be such punishment as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for such conduct had that injury or death occurred to the unborn child's mother).
Declares that such a separate offense does not require proof that: (1) the person who committed the offense knew or should have known that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to harm the unborn child. Prohibits imposition of the death penalty for such an offense.
Bars prosecution under this Act: (1) of any person for conduct relating to an abortion for which the consent of the pregnant woman (or a person authorized by law to act on her behalf) has been obtained or is implied by law or for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (2) of any woman with respect to her unborn child.
[108th Congress Public Law 212]
[From the U.S. Government Publishing Office]
[DOCID: f:publ212.108]
[[Page 567]]
UNBORN VICTIMS OF VIOLENCE ACT OF 2004
[[Page 118 STAT. 568]]
Public Law 108-212
108th Congress
An Act
To amend title 18, United States Code, and the Uniform Code of Military
Justice to protect unborn children from assault and murder, and for
other purposes. <<NOTE: Apr. 1, 2004 - [H.R. 1997]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Unborn Victims of Violence
Act of 2004.>> assembled,
SECTION 1. <<NOTE: 18 USC 1841 note.>> SHORT TITLE.
This Act may be cited as the ``Unborn Victims of Violence Act of
2004'' or ``Laci and Conner's Law''.
SEC. 2. PROTECTION OF UNBORN CHILDREN.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 90 the following:
``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN
``Sec.
``1841. Protection of unborn children.
``Sec. 1841. Protection of unborn children
``(a)(1) Whoever engages in conduct that violates any of the
provisions of law listed in subsection (b) and thereby causes the death
of, or bodily injury (as defined in section 1365) to, a child, who is in
utero at the time the conduct takes place, is guilty of a separate
offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment
provided under Federal law for that conduct had that injury or death
occurred to the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the defendant intended to cause the death of, or
bodily injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall instead of
being punished under subparagraph (A), be punished as provided under
sections 1111, 1112, and 1113 of this title for intentionally killing or
attempting to kill a human being.
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are the
following:
``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229,
242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i),
924(j),
[[Page 118 STAT. 569]]
930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121,
1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513,
1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B),
1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231,
2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b,
2340A, and 2441 of this title.
``(2) Section 408(e) of the Controlled Substances Act of
1970 (21 U.S.C. 848(e)).
``(3) Section 202 of the Atomic Energy Act of 1954 (42
U.S.C. 2283).
``(c) Nothing in this section shall be construed to permit the
prosecution--
``(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person authorized
by law to act on her behalf, has been obtained or for which such
consent is implied by law;
``(2) of any person for any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) As used in this section, the term `unborn child' means a child
in utero, and the term `child in utero' or `child, who is in utero'
means a member of the species homo sapiens, at any stage of development,
who is carried in the womb.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 90 the following new item:
``90A. Protection of unborn children.............................1841''.
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) Protection of Unborn Children.--Subchapter X of chapter 47 of
title 10, United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 919 (article 119) the following new
section:
``Sec. 919a. Art. 119a. Death or injury of an unborn child
``(a)(1) Any person subject to this chapter who engages in conduct
that violates any of the provisions of law listed in subsection (b) and
thereby causes the death of, or bodily injury (as defined in section
1365 of title 18) to, a child, who is in utero at the time the conduct
takes place, is guilty of a separate offense under this section and
shall, upon conviction, be punished by such punishment, other than
death, as a court-martial may direct, which shall be consistent with the
punishments prescribed by the President for that conduct had that injury
or death occurred to the unborn child's mother.
``(2) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the accused intended to cause the death of, or bodily
injury to, the unborn child.
``(3) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall, instead
of being punished under paragraph (1), be punished as provided under
sections 880, 918, and 919(a) of this title (articles 80, 118, and
119(a)) for intentionally killing or attempting to kill a human being.
[[Page 118 STAT. 570]]
``(4) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are sections 918,
919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title
(articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
``(c) Nothing in this section shall be construed to permit the
prosecution--
``(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person authorized
by law to act on her behalf, has been obtained or for which such
consent is implied by law;
``(2) of any person for any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) In this section, the term `unborn child' means a child in
utero, and the term `child in utero' or `child, who is in utero' means a
member of the species homo sapiens, at any stage of development, who is
carried in the womb.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 919 the following new item:
``919a. 119a. Death or injury of an unborn child.''.
Approved April 1, 2004.
LEGISLATIVE HISTORY--H.R. 1997 (S. 1019):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 108-420, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Feb. 26, considered and passed House.
Mar. 25, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Apr. 1, Presidential remarks.
<all>
Considered under the provisions of rule H. Res. 529. (consideration: CR H637-668; text of measure as introduced: CR H637-638)
Rule provides for consideration of H.R. 1997 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted. Measure will be considered read. A specified amendment is in order.
DEBATE - The House proceeded with two hours of debate on H.R. 1997.
DEBATE - Pursuant to House Resolution 529 the House proceeded with one hour of debate on the Lofgren amendment in the nature of a substitute.
Passed/agreed to in House: On passage Passed by recorded vote: 254 - 163 (Roll no. 31).
Roll Call #31 (House)On passage Passed by recorded vote: 254 - 163 (Roll no. 31).
Roll Call #31 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Enacted as Public Law 108-212
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 458.
Measure laid before Senate. (consideration: CR S3124-3167)
Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 61 - 38. Record Vote Number: 63.
Roll Call #63 (Senate)Passed Senate without amendment by Yea-Nay Vote. 61 - 38. Record Vote Number: 63.
Roll Call #63 (Senate)Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 108-212.
Became Public Law No: 108-212.