HB1174
To Add Protections For Unborn Children By Allowing Prosecution When A Person Causes The Death Of An Unborn Child; To Repeal Laws That May Allow A Person To Pressure A Pregnant Woman To Get An Abortion; And To Declare An Emergency.
Last Action (May 1, 2023): Died in House Committee at Sine Die Adjournment
Sponsors
AI-Generated Summary
This bill amends the Arkansas Criminal Code to include an 'unborn child' in the definition of a 'person' for the purposes of homicide laws, specifically from the point of conception until birth. It allows for the prosecution of individuals who cause the death of an unborn child, excluding acts related to legal abortions, standard medical practices, diagnostic testing, assisted reproduction, and accidents. The legislation clarifies that it does not authorize the prosecution of a pregnant woman for the death of her own unborn child and explicitly excludes accidental miscarriages. Additionally, the bill amends wrongful death statutes to allow legal action in cases where an unborn child's death is caused by a wrongful act, neglect, or default, with similar exemptions provided for medical procedures and contraception. The bill includes an emergency clause, meaning it would take effect immediately upon approval, and emphasizes that the provisions are prospective and do not apply to conduct occurring before the act's effective date.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries are advocacy groups and individuals who hold the belief that life begins at conception and who seek to establish legal personhood for fetuses. By codifying 'unborn children' as persons under state homicide and wrongful death laws, the bill provides a legal framework for the families of unborn children to seek accountability through the court system in cases of wrongful death or harm inflicted by third parties, excluding the pregnant woman herself.
Who Might Suffer?
Individuals or entities that may be negatively impacted include those who could face criminal charges or civil liability for actions that result in the death of an unborn child. Critics and civil liberties organizations often express concern that such legislation creates legal ambiguity for healthcare providers and may have a chilling effect on reproductive healthcare, or that it establishes a legal precedent that could lead to broader restrictions on bodily autonomy. While the bill contains specific exemptions for medical procedures and contraception, opponents often argue that the expansion of the legal definition of a 'person' can lead to increased surveillance of pregnancy and unintended consequences for the legal rights of pregnant individuals.
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