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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CRUZ, YOUNGBLOOD, BOYD, MILNE, D. COSTA, HORNAMAN AND HICKERNELL, MARCH 29, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 29, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, in authorized disposition of |
3 | offenders, further providing for sentence for murder and |
4 | murder of an unborn child; and in crimes against unborn |
5 | child, further providing for the offenses of murder of unborn |
6 | child and voluntary manslaughter of unborn child. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Sections 1102(a), 2604 and 2605(a) of Title 18 of |
10 | the Pennsylvania Consolidated Statutes are amended to read: |
11 | § 1102. Sentence for murder, murder of unborn child and murder |
12 | of law enforcement officer. |
13 | (a) First degree.-- |
14 | (1) A person who has been convicted of a murder of the |
15 | first degree, of murder of a law enforcement officer of the |
16 | first degree or of first degree murder of an unborn child |
17 | shall be sentenced to death or to a term of life imprisonment |
18 | in accordance with 42 Pa.C.S. § 9711 (relating to sentencing |
19 | procedure for murder of the first degree). |
20 | [(2) The sentence for a person who has been convicted of |
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1 | first degree murder of an unborn child shall be the same as |
2 | the sentence for murder of the first degree, except that the |
3 | death penalty shall not be imposed. This paragraph shall not |
4 | affect the determination of an aggravating circumstance under |
5 | 42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant |
6 | woman.] |
7 | * * * |
8 | § 2604. Murder of unborn child. |
9 | (a) First degree murder of unborn child.-- |
10 | (1) A criminal homicide of an unborn child constitutes |
11 | first degree murder of an unborn child when [it]: |
12 | (i) It is committed by an intentional killing. |
13 | (ii) A person who commits murder in the first degree |
14 | of a pregnant woman thereby causes the death of an unborn |
15 | child. An offense under this subparagraph does not |
16 | require proof that the person engaging in the conduct had |
17 | knowledge or should have had knowledge that the victim of |
18 | the underlying offense was pregnant or that the defendant |
19 | intended to cause the death of the unborn child. |
20 | (2) The penalty for first degree murder of an unborn |
21 | child shall be [imposed in accordance with section 1102(a)(2) |
22 | (relating to sentence for murder and murder of an unborn |
23 | child)] the same as for murder of the first degree. |
24 | (b) Second degree murder of unborn child.-- |
25 | (1) A criminal homicide of an unborn child constitutes |
26 | second degree murder of an unborn child when [it]: |
27 | (i) It is committed while the defendant was engaged |
28 | as a principal or an accomplice in the perpetration of a |
29 | felony. |
30 | (ii) A person who commits murder in the second |
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1 | degree of a pregnant woman thereby causes the death of an |
2 | unborn child. An offense under this subparagraph does not |
3 | require proof that the person engaging in the conduct had |
4 | knowledge or should have had knowledge that the victim of |
5 | the underlying offense was pregnant or that the defendant |
6 | intended to cause the death of the unborn child. |
7 | (2) The penalty for second degree murder of an unborn |
8 | child shall be the same as for murder of the second degree. |
9 | (c) Third degree murder of unborn child.-- |
10 | (1) All other kinds of murder of an unborn child shall |
11 | be third degree murder of an unborn child. |
12 | (1.1) A person who commits murder in the third degree of |
13 | a pregnant woman and thereby causes the death of an unborn |
14 | child commits third degree murder of an unborn child. An |
15 | offense under this paragraph does not require proof that the |
16 | person engaging in the conduct had knowledge or should have |
17 | had knowledge that the victim of the underlying offense was |
18 | pregnant or that the defendant intended to cause the death of |
19 | the unborn child. |
20 | (2) The penalty for third degree murder of an unborn |
21 | child is the same as the penalty for murder of the third |
22 | degree. |
23 | § 2605. Voluntary manslaughter of unborn child. |
24 | (a) Offense defined.--A person who kills an unborn child |
25 | without lawful justification commits voluntary manslaughter of |
26 | an unborn child if [at]: |
27 | (1) At the time of the killing he is acting under a |
28 | sudden and intense passion resulting from serious provocation |
29 | by: |
30 | [(1)] (i) the mother of the unborn child whom the |
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1 | actor endeavors to kill, but he negligently or |
2 | accidentally causes the death of the unborn child; or |
3 | [(2)] (ii) another whom the actor endeavors to |
4 | kill, but he negligently or accidentally causes the death |
5 | of the unborn child. |
6 | (2) The person commits voluntary manslaughter of a |
7 | pregnant woman and thereby causes the death of an unborn |
8 | child. An offense under this paragraph does not require proof |
9 | that the person engaging in the conduct had knowledge or |
10 | should have had knowledge that the victim of the underlying |
11 | offense was pregnant or that the defendant intended to cause |
12 | the death of the unborn child. |
13 | * * * |
14 | Section 2. This act shall take effect in 60 days. |
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