Adopted

 

AMENDMENT NO 2 PROPOSED TO

 

Senate Bill No. 2771

 

BY: Representative Gipson

 

     AMEND by deleting lines 15 through 24 in their entirety and inserting in lieu thereof the following:

     "(2)  (a)  A person is guilty of child homicide if:

              (i)  The person is found guilty of manslaughter in circumstances where the killing, although without malice, was intentional and not accidental; and

              (ii)  The perpetrator was over the age of twenty-one (21) years and the victim was a child under the age of eighteen (18) years.

          (b)  For the purpose of this subsection, the term "child" includes a human being as defined in Section 97-3-37(1).

          (c)  A person found guilty of child homicide shall be imprisoned in the custody of the Department of Corrections for a term not to exceed thirty (30) years.

          (d)  The provisions of this subsection shall not apply to the performing or inducing of a legal abortion where there is no detectable fetal heartbeat, or to the performing or inducing of an abortion where it is medically necessary to prevent the death of the mother or where the pregnancy resulted from an alleged act of rape or incest.

          (e)  This subsection shall be in addition to any other offense and penalty provided by law."

     AMEND FURTHER the title by deleting the language beginning with the word "TO" on line 2 through the semicolon on line 4 and inserting in lieu thereof the following:  "TO CREATE A NEW CRIMINAL OFFENSE OF CHILD HOMICIDE; TO PROVIDE THE MAXIMUM PENALTY FOR PERSONS FOUND GUILTY OF THE OFFENSE; TO PROVIDE FOR CERTAIN EXCEPTIONS TO THE APPLICATION OF THIS SECTION;"