GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 594

Short Title:  Fetus Death From Crim. Act.	(Public)

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Sponsors: Representatives Starnes; Capps, Davis, Hardy, and Morris.

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Referred to:  Judiciary II.

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March 24, 1997

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT IT IS A CRIMINAL OFFENSE IF A PERSON COMMITS OR ATTEMPTS TO COMMIT A CRIMINAL ACT AND THE CRIMINAL ACT PROXIMATELY RESULTS IN THE DEATH OF A VIABLE FETUS OR A STILLBORN BIRTH.
The General Assembly of North Carolina enacts:
Section 1.  Article 6 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-18.2.  Death of a viable fetus or stillborn birth as a result of a criminal act.
If a person commits or attempts to commit a criminal act and as the proximate result of the criminal act or attempted criminal act causes either the death of a viable fetus or a stillborn birth, the person is guilty of a violation under this section punishable as follows:
(1)	The offense is a Class F felony if the criminal act was a felony, unless the criminal act was a violation of G.S. 20-141.1.
(2)	The offense is a Class G felony if the criminal act was a violation of G.S. 20-141.1(a1), felony death by vehicle.
(3)	The offense is a Class A1 misdemeanor if the criminal act was a misdemeanor."
Section 2.  This act becomes effective December 1, 1997, and applies to offenses committed on or after that date.