2021 Regular Session
To: Judiciary B
By: Representatives Boyd, Williamson
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 * * *
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 * * * .
* * *
(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 * * *
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, 2021.