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House of Representatives
Session of 2021 - 2022 Regular Session


Posted: February 17, 2021 11:58 AM
From: Representative Rob W. Kauffman
To: All House members
Subject: Sentencing for Homicide of an Unborn Child
A few years ago, the Superior Court ruled in the case of Commonwealth v. Haynes that a conviction for third degree murder of an unborn child somehow does not qualify as a “murder” under the law – and therefore the court ruled that a conviction for third degree murder of an unborn child could not serve as the basis for the imposition of a life sentence.  The court based its decision on a new reading of an old statute, reasoning that because the Commonwealth’s section of law addressing murder of an unborn child (Title 18, Section 2604) was not specifically mentioned in the sentencing provision for murder (Title 42, Section 9715), the sentencing provision did not apply.
I believe that murder of an unborn child is murder, regardless of the technical formalism of where this might be set forth in Title 18.  For that reason, I am proposing that Title 42 be amended to clarify that murder includes murder of an unborn child. 

Please join me in co-sponsoring this legislation.

Introduced as HB1095