GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	2 

HOUSE BILL 594
Committee Substitute Favorable 4/29/97

Short Title:  Injury to Preg. Woman.	(Public)

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Sponsors:

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Referred to:  

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March 24, 1997

A BILL TO BE ENTITLED
AN ACT TO ENHANCE THE PUNISHMENT IMPOSED FOR INJURING A PREGNANT WOMAN IN THE COMMISSION OF A FELONY, ACT OF DOMESTIC VIOLENCE, OR UNLAWFUL OPERATION OF A VEHICLE CAUSING A MISCARRIAGE OR STILLBIRTH.
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.  Injury to pregnant woman.
(a)	Definitions. – The following definitions shall apply in this section:
(1)	Miscarriage. – The interruption of the normal development of the fetus, other than by a live birth, and which is not an induced abortion permitted under G.S. 14-45.1, resulting in the complete expulsion or extraction from a pregnant woman of the fetus.
(2)	Stillbirth. – The death of a fetus prior to the complete expulsion or extraction from a woman irrespective of the duration of pregnancy and which is not an induced abortion permitted under G.S. 14-45.1.
(b)	A person who in the commission of a felony causes injury to a woman, knowing the woman to be pregnant, which injury results in a miscarriage or stillbirth by the woman is guilty of a felony that is one class higher than the felony committed.
(c)	A person who in the commission of a misdemeanor that is an act of domestic violence as defined in Chapter 50B of the General Statutes causes injury to a woman, knowing the woman to be pregnant, which results in miscarriage or stillbirth by the woman is guilty of a misdemeanor that is one class higher than the misdemeanor committed. If the offense was a Class A1 misdemeanor, the defendant is guilty of a Class I felony.
(d)	This section shall not apply to acts committed by a pregnant woman which result in a miscarriage or stillbirth by the woman."
Section 2.  Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20-141.5.  Injury to pregnant woman by vehicle.
(a)	Definitions. – The following definitions shall apply in this section:
(1)	Miscarriage. – The interruption of the normal development of the fetus, other than by a live birth, and which is not an induced abortion permitted under G.S. 14-45.1, resulting in the complete expulsion or extraction from a pregnant woman of the fetus.
(2)	Stillbirth. – The death of a fetus prior to the complete expulsion or extraction from a woman irrespective of the duration of pregnancy and which is not an induced abortion permitted under G.S. 14-45.1.
(b)	Any person who in the unlawful operation of a motor vehicle commits a felony which causes a pregnant woman to suffer a miscarriage or stillbirth is guilty of a felony that is one class higher than the felony committed."
Section 3.  This act becomes effective December 1, 1997, and applies to offenses committed on or after that date.