PRINTER'S NO. 2518
No. 1847 Session of 2007
INTRODUCED BY CRUZ, YOUNGBLOOD, PALLONE, HERSHEY, COX, BELFANTI, ROAE, READSHAW AND HORNAMAN, SEPTEMBER 27, 2007
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 27, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for sentence for
3 murder and murder of an unborn child and for the offenses of
4 murder of unborn child and voluntary manslaughter of unborn
5 child.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 1102(a), 2604 and 2605(a) of Title 18 of
9 the Pennsylvania Consolidated Statutes are amended to read:
10 § 1102. Sentence for murder and murder of an unborn child.
11 (a) First degree.--
12 [(1)] A person who has been convicted of a murder of the
13 first degree or of first degree murder of an unborn child
14 shall be sentenced to death or to a term of life imprisonment
15 in accordance with 42 Pa.C.S. § 9711 (relating to sentencing
16 procedure for murder of the first degree).
17 [(2) The sentence for a person who has been convicted of
18 first degree murder of an unborn child shall be the same as
19 the sentence for murder of the first degree, except that the
1 death penalty shall not be imposed. This paragraph shall not 2 affect the determination of an aggravating circumstance under 3 42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant 4 woman.] 5 * * * 6 § 2604. Murder of unborn child. 7 (a) First degree murder of unborn child.-- 8 (1) A criminal homicide of an unborn child constitutes 9 first degree murder of an unborn child when [it]: 10 (i) It is committed by an intentional killing. 11 (ii) A person who commits murder in the first degree 12 of a pregnant woman thereby causes the death of an unborn 13 child. An offense under this subparagraph does not 14 require proof that the person engaging in the conduct had 15 knowledge or should have had knowledge that the victim of 16 the underlying offense was pregnant or that the defendant 17 intended to cause the death of the unborn child. 18 (2) The penalty for first degree murder of an unborn 19 child shall be [imposed in accordance with section 1102(a)(2) 20 (relating to sentence for murder and murder of an unborn 21 child)] the same as for murder of the first degree. 22 (b) Second degree murder of unborn child.-- 23 (1) A criminal homicide of an unborn child constitutes 24 second degree murder of an unborn child when [it]: 25 (i) It is committed while the defendant was engaged 26 as a principal or an accomplice in the perpetration of a 27 felony. 28 (ii) A person who commits murder in the second 29 degree of a pregnant woman thereby causes the death of an 30 unborn child. An offense under this subparagraph does not 20070H1847B2518 - 2 -
1 require proof that the person engaging in the conduct had 2 knowledge or should have had knowledge that the victim of 3 the underlying offense was pregnant or that the defendant 4 intended to cause the death of the unborn child. 5 (2) The penalty for second degree murder of an unborn 6 child shall be the same as for murder of the second degree. 7 (c) Third degree murder of unborn child.-- 8 (1) All other kinds of murder of an unborn child shall 9 be third degree murder of an unborn child. 10 (1.1) A person who commits murder in the third degree of 11 a pregnant woman and thereby causes the death of an unborn 12 child commits third degree murder of an unborn child. An 13 offense under this paragraph does not require proof that the 14 person engaging in the conduct had knowledge or should have 15 had knowledge that the victim of the underlying offense was 16 pregnant or that the defendant intended to cause the death of 17 the unborn child. 18 (2) The penalty for third degree murder of an unborn 19 child is the same as the penalty for murder of the third 20 degree. 21 § 2605. Voluntary manslaughter of unborn child. 22 (a) Offense defined.--A person who kills an unborn child 23 without lawful justification commits voluntary manslaughter of 24 an unborn child if [at]: 25 (1) At the time of the killing he is acting under a 26 sudden and intense passion resulting from serious provocation 27 by: 28 [(1)] (i) the mother of the unborn child whom the actor 29 endeavors to kill, but he negligently or accidentally causes 30 the death of the unborn child; or 20070H1847B2518 - 3 -
1 [(2)] (ii) another whom the actor endeavors to kill, but 2 he negligently or accidentally causes the death of the unborn 3 child. 4 (2) The person commits voluntary manslaughter of a 5 pregnant woman and thereby causes the death of an unborn 6 child. An offense under this paragraph does not require proof 7 that the person engaging in the conduct had knowledge or 8 should have had knowledge that the victim of the underlying 9 offense was pregnant or that the defendant intended to cause 10 the death of the unborn child. 11 * * * 12 Section 2. This act shall take effect in 60 days. H14L18BIL/20070H1847B2518 - 4 -