PRINTER'S NO. 732
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
681
Session of
2017
INTRODUCED BY CRUZ, WATSON, KINSEY, BOBACK, GABLER, MILLARD,
COX, D. COSTA, KAVULICH, BARRAR, McNEILL AND READSHAW,
MARCH 3, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in authorized disposition of
offenders, further providing for sentence for murder, murder
of unborn child and murder of law enforcement officer; and,
in crimes against unborn child, further providing for the
offenses of murder of unborn child and voluntary manslaughter
of unborn child.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1102(a), 2604 and 2605(a) of Title 18 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 1102. Sentence for murder, murder of unborn child and murder
of law enforcement officer.
(a) First degree.--
[(1)] Except as provided under section 1102.1 (relating
to sentence of persons under the age of 18 for murder, murder
of an unborn child and murder of a law enforcement officer),
a person who has been convicted of a murder of the first
degree [or], of murder of a law enforcement officer of the
first degree or of murder of an unborn child of the first
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degree shall be sentenced to death or to a term of life
imprisonment in accordance with 42 Pa.C.S. § 9711 (relating
to sentencing procedure for murder of the first degree).
[(2) The sentence for a person who has been convicted of
first degree murder of an unborn child shall be the same as
the sentence for murder of the first degree, except that the
death penalty shall not be imposed. This paragraph shall not
affect the determination of an aggravating circumstance under
42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant
woman.]
* * *
§ 2604. Murder of unborn child.
(a) First degree murder of unborn child.--
(1) A criminal homicide of an unborn child constitutes
first degree murder of an unborn child when [it]:
(i) It is committed by an intentional killing.
(ii) A person who commits murder in the first degree
of a pregnant woman thereby causes the death of an unborn
child. An offense under this subparagraph does not
require proof that the person engaging in the conduct had
knowledge or should have had knowledge that the victim of
the underlying offense was pregnant or that the defendant
intended to cause the death of the unborn child.
(2) The penalty for first degree murder of an unborn
child shall be imposed in accordance with section [1102(a)(2)
(relating to sentence for murder and murder of an unborn
child)] 1102(a) (relating to sentence for murder, murder of
unborn child and murder of law enforcement officer).
(b) Second degree murder of unborn child.--
(1) A criminal homicide of an unborn child constitutes
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second degree murder of an unborn child when [it]:
(i) It is committed while the defendant was engaged
as a principal or an accomplice in the perpetration of a
felony.
(ii) A person who commits murder in the second
degree of a pregnant woman thereby causes the death of an
unborn child. An offense under this subparagraph does not
require proof that the person engaging in the conduct had
knowledge or should have had knowledge that the victim of
the underlying offense was pregnant or that the defendant
intended to cause the death of the unborn child.
(2) The penalty for second degree murder of an unborn
child shall be the same as for murder of the second degree.
(c) Third degree murder of unborn child.--
(1) All other kinds of murder of an unborn child shall
be third degree murder of an unborn child.
(1.1) A person who commits murder in the third degree of
a pregnant woman and thereby causes the death of an unborn
child commits third degree murder of an unborn child. An
offense under this paragraph does not require proof that the
person engaging in the conduct had knowledge or should have
had knowledge that the victim of the underlying offense was
pregnant or that the defendant intended to cause the death of
the unborn child.
(2) The penalty for third degree murder of an unborn
child is the same as the penalty for murder of the third
degree.
§ 2605. Voluntary manslaughter of unborn child.
(a) Offense defined.--A person who kills an unborn child
without lawful justification commits voluntary manslaughter of
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an unborn child if [at]:
(1) At the time of the killing he is acting under a
sudden and intense passion resulting from serious provocation
by:
[(1)] (i) the mother of the unborn child whom the
actor endeavors to kill, but he negligently or
accidentally causes the death of the unborn child; or
[(2)] (ii) another whom the actor endeavors to
kill, but he negligently or accidentally causes the death
of the unborn child.
(2) The person commits voluntary manslaughter of a
pregnant woman and thereby causes the death of an unborn
child. An offense under this paragraph does not require proof
that the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant or that the defendant intended to cause
the death of the unborn child.
* * *
Section 2. This act shall take effect in 60 days.
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