Legislature(2003 - 2004)
04/06/2004 03:40 PM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 219-OFFENSES AGAINST UNBORN CHILDREN
CHAIR GARY STEVENS announced SB 219 to be up for consideration.
SENATOR FRED DYSON, sponsor, explained that this bill models
other legislation enacted in other states. It says that if a
perpetrator murders or assaults a pregnant woman and causes
damage or death to the unborn child then the perpetrator may be
charged with two crimes.
AS 11.41 is amended to accommodate the model legislation adding
manslaughter and criminally negligent homicide of an unborn
child. An abortion or other customary and standard procedures
are specifically exempted from penalty under this law.
CHAIR GARY STEVENS asked for a comparison to the federal law.
SENATOR DYSON replied they are similar in wording, but he
introduced this because the federal law goes forward only in
federal jurisdictions or in the commission of a federal crime.
SENATOR STEDMAN referred to page 1, lines 6, 8, and 12 and asked
why line 12 didn't include the words "with intent" as lines 6
and 8 do.
SENATOR DYSON explained that arson, kidnapping, and sexual
assault are hard to infer that there is intent to harm the
unborn child.
WES KELLER, staff to Senator Dyson, pointed out that the
operational clause is found on page 2, line 4.
SENATOR STEDMAN referred to page 2, line 27 and asked about the
selection of the verbage "unborn child" rather than "fetus" and
whether the selection might not cause problems.
MR. KELLER said the language is purposeful. He could show case
law from other states indicating that the terminology didn't
make any difference in how the court ruled. It's just that Fetus
is Latin and he prefers to use plain language so the layperson
is able to understand.
SENATOR STEDMAN restated the intent and said he assumes it's a
direct result of the well-publicized and reprehensible
California case.
SENATOR DYSON agreed.
KAREN VOSBERG, executive director, AK Right to Life, distributed
copies of a petition that was signed by over 1,000 people, at
the Palmer State Fair stating that they believe that if a
pregnant woman is murdered there are two victims rather than
one.
CHAIR GARY STEVENS wanted to clarify that the people that signed
the petition were in support of the bill.
MS. VOSBERG agreed then said the federal law was signed into law
April 1, 2004. Prior to this act, an unborn child was not
recognized as a victim of a violent crime. To date more than 29
states have signed similar legislation, which has no affect on
legal abortion, she said. She urged passage of the bill.
CASSANDRA JOHNSON, executive director of the AK Pro-Choice
Alliance testified via teleconference to say that this bill
isn't about protecting pregnant women because it doesn't
increase the charges for assaulting pregnant women. Also there
is no exemption in the bill for the woman who inadvertently
causes harm to her fetus due to alcohol use, poor nutrition or
attempted suicide. This is the wrong approach, she said, and
urged the committee not to pass the bill.
PAULINE UTTER testified via teleconference to urge that the
committee not pass the bill and read a letter from Anna Quinlan
stating the same.
KEVIN CLARKSON, attorney, testified via teleconference in
support of the bill. The purpose of the act is to extend to
unborn children, the same protection of the criminal law that
applies to those who have been born alive.
Referring to Senator Stedman's earlier question regarding no
intent language in subsection 3, he stated that is because that
is the typical felony murder provision and the intent is already
provided by the underlying felony offense.
He gave examples of voids in the law that the bill seeks to fill
and stated that the bill doesn't involve abortion. He urged
passage of the bill.
4:20 p.m.
CHAIR GARY STEVENS asked whether he would comment on the concern
that there is no exemption in the bill in cases of alcoholism,
attempted suicide or if a woman didn't know she was pregnant.
MR. CLARKSON replied there are intent requirements in the bill
that must be met before the charge can be levied. The
opportunity for the act to be applied against a woman who wants
her child, but is negligent in causing the death of her child is
a stretch, he opined.
ROBIN SMITH testified via teleconference from Anchorage that the
bill is the latest attempt by the Alaska Legislature to limit
reproductive freedom. She said the language in the bill makes it
clear that it is not about protecting pregnant women. It is
about giving separate, legal rights to the fetus thereby
undermining a woman's right to reproductive freedom. She urged
the committee to hold the bill.
VICKI HALCRO, Anchorage director of public affairs and marketing
for Planned Parenthood of Alaska, testified via teleconference
in opposition to SB 219.
4:30 p.m.
TAPE 04-26, SIDE B
She said that the dangerous reality of the bill is that it vests
a fetus with the rights of the pregnant woman, which is the
first step in eroding a woman's right to choose. Nowhere in the
legislation is harm to a pregnant woman resulting from an
involuntary termination of her pregnancy mentioned. In fact,
women are not mentioned at all in the bill yet violence against
women continues to be a huge problem in Alaska. The bill shifts
the focus away from the women who are really the victims of
these crimes. She urged the committee to hold the bill.
REGINA MONTEUFEL testified via teleconference from Anchorage in
opposition to the bill. She runs a rooming house in Anchorage
and has lost track of the number of women that have had
abortions in her rooming house. The stories are all tragic. It's
sad that this is a state that doesn't spend more effort on
preventing abortions and addressing domestic violence.
CHAIR GARY STEVENS asked her to speak to the bill.
MS.MONTEUFEL said she is against the bill.
JENNIFER RUDINGER, executive director of the Alaska Civil
Liberties Union, testified via teleconference and said most of
the points she was going to cover were covered by Robin Smith,
Vicky Halcro, Cassandra Johnson and Pauline Utter. She said she
couldn't find the language Mr. Clarkson said was present
exempting a pregnant woman from prosecution from harming her own
fetus. If that's the intent of the bill, then the bill should be
amended, she suggested. She said she would like to go on record
in opposition to SB 219 because the bill is misguided. There are
better ways to prosecute people who commit violent crimes
against pregnant women.
REPRESENTATIVE BOB LYNN testified in support of SB 219 saying
there is a similar bill in the House.
There was no further testimony.
SENATOR COWDERY made a motion to move SB 219 with accompanying
fiscal notes and asked for individual recommendations and
unanimous consent. There being no objection, it was so ordered.
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