HB 245: "An Act relating to fetal homicide and assaults on fetuses."
00HOUSE BILL NO. 245 01 "An Act relating to fetal homicide and assaults on fetuses." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.41.100(a) is amended to read: 04 (a) A person commits the crime of murder in the first degree if 05 (1) with intent to cause the death of another person or a fetus, the 06 person 07 (A) causes the death of any person or fetus; or 08 (B) compels or induces any person to commit suicide through 09 duress or deception; or 10 (2) the person knowingly engages, under circumstances manifesting 11 extreme indifference to the value of human life, in a pattern or practice of assault or 12 torture of a child under the age of 16 or a fetus, and one of the acts of assault or 13 torture results in the death of the child or the fetus; for purposes of this paragraph, a 14 person "engages in a pattern or practice of assault or torture" if the person inflicts
01 serious physical injury to the child or the fetus by at least two separate acts, and one 02 of the acts results in the death of the child or the fetus. 03 * Sec. 2. AS 11.41.110(a) is amended to read: 04 (a) A person commits the crime of murder in the second degree if 05 (1) with intent to cause serious physical injury to another person or 06 knowing that the conduct is substantially certain to cause death or serious physical 07 injury to another person or to a fetus, the person causes the death of any person or 08 the fetus; 09 (2) the person knowingly engages in conduct that results in the death 10 of another person or a fetus under circumstances manifesting an extreme indifference 11 to the value of human life; or 12 (3) acting either alone or with one or more persons, the person commits 13 or attempts to commit arson in the first degree, kidnapping, sexual assault in the first 14 degree, sexual assault in the second degree, burglary in the first degree, escape in the 15 first or second degree, or robbery in any degree and, in the course of or in furtherance 16 of that crime, or in immediate flight from that crime, any person causes the death of 17 a person other than one of the participants or of a fetus. 18 * Sec. 3. AS 11.41.115(c) is amended to read: 19 (c) A person may not be convicted of murder in the second degree under 20 AS 11.41.110(a)(3) if the only underlying crime is burglary, the sole purpose of the 21 burglary is a criminal homicide, and the person killed is the intended victim of the 22 defendant. However, if the defendant causes the death of any other person or fetus, 23 the defendant may be convicted of murder in the second degree under 24 AS 11.41.110(a)(3). Nothing in this subsection precludes a prosecution for or 25 conviction of murder in the first degree or murder in the second degree under 26 AS 11.41.110(a)(1) or (2) or of any other crime, including manslaughter or burglary. 27 * Sec. 4. AS 11.41.120(a) is amended to read: 28 (a) A person commits the crime of manslaughter if the person 29 (1) intentionally, knowingly, or recklessly causes the death of another 30 person or a fetus under circumstances not amounting to murder in the first or second 31 degree; or
01 (2) intentionally aids another person to commit suicide. 02 * Sec. 5. AS 11.41.130(a) is amended to read: 03 (a) A person commits the crime of criminally negligent homicide if, with 04 criminal negligence, the person causes the death of another person or a fetus. 05 * Sec. 6. AS 11.41.135 is amended to read: 06 Sec. 11.41.135. MULTIPLE DEATHS. If more than one person or fetus dies 07 as a result of a person committing conduct constituting a crime specified in 08 AS 11.41.100 - 11.41.130, each death constitutes a separately punishable offense. 09 * Sec. 7. AS 11.41 is amended by adding a new section to read: 10 Sec. 11.41.138. DEFENSES TO HOMICIDES INVOLVING FETUSES. 11 AS 11.41.100 - 11.41.140 do not apply to a death of a fetus 12 (1) caused by the mother of the fetus while bearing the fetus; or 13 (2) occurring during 14 (A) a legal abortion to which the mother of the fetus or her 15 legal guardian has consented or that was performed in an emergency; or 16 (B) diagnostic testing or therapeutic treatment during which 17 usual and customary standards of medical practice were used. 18 * Sec. 8. AS 11.41.140 is amended to read: 19 Sec. 11.41.140. DEFINITIONS [DEFINITION]. In AS 11.41.100 - 20 11.41.140, 21 (1) "person," [",] when referring to the victim of a crime, means a 22 human being who has been born and was alive at the time of the criminal act; a [. A] 23 person is "alive" if there is spontaneous respiratory or cardiac function or, when 24 respiratory and cardiac functions are maintained by artificial means, there is 25 spontaneous brain function; 26 (2) "fetus" is human life from conception to full birth that is within 27 the body of its mother, but which, if brought to full term, has the potential of 28 independent life outside its mother's body. 29 * Sec. 9. AS 11.41.200(a) is amended to read: 30 (a) A person commits the crime of assault in the first degree if 31 (1) that person recklessly causes serious physical injury to another
01 person or to a fetus by means of a dangerous instrument; 02 (2) with intent to cause serious physical injury to another person or to 03 a fetus, the person causes serious physical injury to any person or fetus; 04 (3) the person knowingly engages in conduct that results in serious 05 physical injury to another person or to a fetus under circumstances manifesting 06 extreme indifference to the value of human life; or 07 (4) that person recklessly causes serious physical injury to another 08 person or to a fetus by repeated assault using a dangerous instrument, even if each 09 assault individually does not cause serious physical injury. 10 * Sec. 10. AS 11.41.210(a) is amended to read: 11 (a) A person commits the crime of assault in the second degree if 12 (1) with intent to cause physical injury to another person or to a fetus, 13 that person causes physical injury to another person or to a fetus by means of a 14 dangerous instrument; 15 (2) that person recklessly causes serious physical injury to another 16 person or to a fetus; or 17 (3) that person recklessly causes serious physical injury to another 18 person or to a fetus by repeated assaults, even if each assault individually does not 19 cause serious physical injury. 20 * Sec. 11. AS 11.41.220(a) is amended to read: 21 (a) A person commits the crime of assault in the third degree if that person 22 (1) recklessly 23 (A) places another person in fear of imminent serious physical 24 injury by means of a dangerous instrument; 25 (B) causes physical injury to another person or to a fetus by 26 means of a dangerous instrument; or 27 (C) while being 18 years of age or older 28 (i) causes physical injury to a child under 10 years of 29 age and the injury reasonably requires medical treatment; 30 (ii) causes physical injury to a child under 10 years of 31 age on more than one occasion; or
01 (2) with intent to place another person in fear of death or serious 02 physical injury to the person or the person's family member makes repeated threats to 03 cause death or serious physical injury to another person or to a fetus. 04 * Sec. 12. AS 11.41.230(a) is amended to read: 05 (a) A person commits the crime of assault in the fourth degree if 06 (1) that person recklessly causes physical injury to another person or 07 to a fetus; 08 (2) with criminal negligence that person causes physical injury to 09 another person or to a fetus by means of a dangerous instrument; or 10 (3) by words or other conduct that person recklessly places another 11 person in fear of imminent physical injury. 12 * Sec. 13. AS 11.41.250(a) is amended to read: 13 (a) A person commits the crime of reckless endangerment if the person 14 recklessly engages in conduct that [WHICH] creates a substantial risk of serious 15 physical injury to another person or to a fetus. 16 * Sec. 14. AS 11.41 is amended by adding a new section to read: 17 Sec. 11.41.255. DEFENSES TO ASSAULTS INVOLVING FETUSES; 18 DEFINITION. (a) AS 11.41.200 - 11.41.255 do not apply to an injury suffered by a 19 fetus 20 (1) caused by the mother of the fetus while bearing the fetus; or 21 (2) occurring during 22 (A) a legal abortion to which the mother of the fetus or her 23 legal guardian has consented or that was performed in an emergency; or 24 (B) diagnostic testing or therapeutic treatment during which 25 usual and customary standards of medical practice were used. 26 (b) In AS 11.41.200 - 11.41.255, "fetus" has the meaning given in 27 AS 11.41.140.