MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Furniss, Nunnelee

AN ACT TO AMEND SECTION 97-3-37, MISSISSIPPI CODE OF 1972, TO PRESCRIBE A PENALTY FOR A FEMALE'S USE OF A CONTROLLED SUBSTANCE RESULTING IN THE DEATH OF AN UNBORN FETUS OF 20 WEEKS OR MORE GESTATIONAL AGE; 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) The willful killing of an unborn quick child, by an injury to the mother of such child, which would be murder if it resulted in the death of the mother, shall be manslaughter.

(2) Any death of an unborn child of twenty (20) weeks or more gestational age, resulting from the use by the mother of any illegal controlled substance during the mother's pregnancy with the child in question, shall be manslaughter to be charged against the mother. Any suspected such death shall be reported promptly to the County Medical Examiner Investigator, who shall cause an autopsy to be performed by a state-designated pathologist to determine the cause and manner of death.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.