MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Judiciary B

By: Representatives Boyd, Arnold, Hopkins, Rogers (61st), Scoggin, Eubanks, Tullos, Criswell, Shirley

House Bill 1059

AN ACT TO AMEND SECTION 97-3-37, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISION OF LAW GOVERNING PENALTIES FOR THE INTENTIONAL INJURY TO A PREGNANT WOMAN; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 97-3-37, Mississippi Code of 1972, is amended as follows:

     97-3-37.  (1)  For purposes of the offenses enumerated in this * * *subsection (1) section, the term "human being" and "person" includes an unborn child at every stage of gestation from conception until live birth and the term "unborn child" means a member of the species homo sapiens, at any stage of development, who is carried in the womb * * *:.

 * * *(a)  Section 97‑3‑7, simple and aggravated assault and domestic violence;

  (b)  Section 97‑3‑15, justifiable homicide;

  (c)  Section 97‑3‑17, excusable homicide;

  (d)  Section 97‑3‑19, murder, capital murder;

  (e)  Section 97‑3‑27, homicide while committing a felony;

  (f)  Section 97‑3‑29, homicide while committing a misdemeanor;

  (g)  Section 97‑3‑33, killing a trespasser unnecessarily;

  (h)  Section 97‑3‑35, killing without malice in the heat of passion;

  (i)  Section 97‑3‑45, homicide by means of a dangerous animal;

  (j)  Section 97‑3‑47, all other homicides;

  (k)  Section 97‑3‑61, poisoning with intent to kill or injure.

     (2)  A person who intentionally injures a pregnant woman is guilty of a crime as follows:

          (a)  If the conduct results in a miscarriage or stillbirth by that individual, a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00), or both.

          (b)  If the conduct results in serious physical injury to the embryo or fetus, a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both.

          (c)  If the conduct results in minor physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than six (6) months or a fine of not more than One Thousand Dollars ($1,000.00), or both.

     (3)  The provisions of this section shall not apply to * * * any legal medical procedure performed by a licensed physician or other licensed medical professional, including legal abortions, when done at the request of a mother of an unborn child or the mother's legal guardian, or to the lawful dispensing or administration of lawfully prescribed medication. those medical procedures required to prevent the death of either the pregnant woman or her unborn child, as long as every reasonable effort has been made to preserve the life of each.

     (4)  Nothing contained in this section shall be construed to prohibit prosecution of an offender pursuant to the provisions of any other applicable statute.

(5)  Nothing contained in this section shall be construed to provide a right to abortion.

(6)  It is the intent of the Legislature that any invalidity or potential invalidity of a provision of this act shall not impair the immediate and continuing enforceability of the remaining provisions.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2019.

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