THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CRUZ, YOUNGBLOOD, HORNAMAN, ROAE, HARHAI, GRUCELA, MELIO, PAYNE, PALLONE, BELFANTI, TRUE, STERN, BOYD, CUTLER, CREIGHTON, KAUFFMAN, VULAKOVICH, PETRARCA, HICKERNELL AND GABIG, FEBRUARY 19, 2009

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 19, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in authorized disposition of

offenders, further providing for sentence for murder and

murder of an unborn child; 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.  Section 1102(a) of Title 18 of the Pennsylvania

Consolidated Statutes, amended October 17, 2008 (P.L.1682, No.

131), is amended to read:

§ 1102.  Sentence for murder, murder of unborn child and murder

of law enforcement officer.

(a)  First degree.--

(1)  A person who has been convicted of a murder of the

first degree , of murder of a law enforcement officer of the

first degree or of first degree murder of an unborn child 

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.]

* * *

Section 2.  Sections 2604 and 2605(a) of Title 18 are amended

to read:

§ 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)] the same as for murder of the first degree.

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

(1)  A criminal homicide of an unborn child constitutes

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

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 3.  This act shall take effect in 60 days.