1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in authorized disposition of
3offenders, further providing for sentence for murder, murder
4of unborn child and murder of law enforcement officer; and,
5in crimes against unborn child, further providing for the
6offenses of murder of unborn child and voluntary manslaughter
7of unborn child.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 1102(a) of Title 18 of the Pennsylvania
11Consolidated Statutes, amended October 25, 2012 (P.L.1655,
12No.204), is amended to read:

13§ 1102. Sentence for murder, murder of unborn child and murder
14of law enforcement officer.

15(a) First degree.--

16(1) Except as provided under section 1102.1 (relating to 
17sentence of persons under the age of 18 for murder, murder of 
18an unborn child and murder of a law enforcement officer), a
19person who has been convicted of a murder of the first degree
20[or], of murder of a law enforcement officer of the first

1degree or of murder of an unborn child of the first degree
2shall be sentenced to death or to a term of life imprisonment
3in accordance with 42 Pa.C.S. § 9711 (relating to sentencing
4procedure for murder of the first degree).

5[(2) The sentence for a person who has been convicted of 
6first degree murder of an unborn child shall be the same as 
7the sentence for murder of the first degree, except that the 
8death penalty shall not be imposed. This paragraph shall not 
9affect the determination of an aggravating circumstance under 
1042 Pa.C.S. § 9711(d)(17) for the killing of a pregnant 
11woman.]

12* * *

13Section 2. Sections 2604 and 2605(a) of Title 18 are amended
14to read:

15§ 2604. Murder of unborn child.

16(a) First degree murder of unborn child.--

17(1) A criminal homicide of an unborn child constitutes
18first degree murder of an unborn child when [it]:

19(i) It is committed by an intentional killing.

20(ii) A person who commits murder in the first degree
21of a pregnant woman thereby causes the death of an unborn
22child. An offense under this subparagraph does not
23require proof that the person engaging in the conduct had
24knowledge or should have had knowledge that the victim of
25the underlying offense was pregnant or that the defendant
26intended to cause the death of the unborn child.

27(2) The penalty for first degree murder of an unborn
28child shall be [imposed in accordance with section 1102(a)(2)
29(relating to sentence for murder and murder of an unborn
30child)] the same as for murder of the first degree.

1(b) Second degree murder of unborn child.--

2(1) A criminal homicide of an unborn child constitutes
3second degree murder of an unborn child when [it]:

4(i) It is committed while the defendant was engaged
5as a principal or an accomplice in the perpetration of a
6felony.

7(ii) A person who commits murder in the second
8degree of a pregnant woman thereby causes the death of an
9unborn child. An offense under this subparagraph does not
10require proof that the person engaging in the conduct had
11knowledge or should have had knowledge that the victim of
12the underlying offense was pregnant or that the defendant
13intended to cause the death of the unborn child.

14(2) The penalty for second degree murder of an unborn
15child shall be the same as for murder of the second degree.

16(c) Third degree murder of unborn child.--

17(1) All other kinds of murder of an unborn child shall
18be third degree murder of an unborn child.

19(1.1) A person who commits murder in the third degree of
20a pregnant woman and thereby causes the death of an unborn
21child commits third degree murder of an unborn child. An
22offense under this paragraph does not require proof that the
23person engaging in the conduct had knowledge or should have
24had knowledge that the victim of the underlying offense was
25pregnant or that the defendant intended to cause the death of
26the unborn child.

27(2) The penalty for third degree murder of an unborn
28child is the same as the penalty for murder of the third
29degree.

30§ 2605. Voluntary manslaughter of unborn child.

1(a) Offense defined.--A person who kills an unborn child
2without lawful justification commits voluntary manslaughter of
3an unborn child if [at]:

4(1) At the time of the killing he is acting under a
5sudden and intense passion resulting from serious provocation
6by:

7[(1)] (i) the mother of the unborn child whom the
8actor endeavors to kill, but he negligently or
9accidentally causes the death of the unborn child; or

10[(2)] (ii) another whom the actor endeavors to
11kill, but he negligently or accidentally causes the death
12of the unborn child.

13(2) The person commits voluntary manslaughter of a
14pregnant woman and thereby causes the death of an unborn
15child. An offense under this paragraph does not require proof
16that the person engaging in the conduct had knowledge or
17should have had knowledge that the victim of the underlying
18offense was pregnant or that the defendant intended to cause
19the death of the unborn child.

20* * *

21Section 3. This act shall take effect in 60 days.