Sponsors: Mr. Wilt, for himself and Mr. Phirman, Mr. Hobbes, Mr. Green, Mr. Garwood, Mr. Perry, and Mr. Fernandez.

Be it enacted by the House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Unborn Victims of Violence Act of 2004'

SEC. 2. PROTECTION OF UNBORN CHILDREN.

(a) IN GENERAL- Title 18, United States Code, is amended by inserting after chapter 90 the following:

`CHAPTER 90A--PROTECTION OF UNBORN CHILDREN
`Sec.


`1841. Protection of unborn children.

`Sec. 1841. Protection of unborn children

`(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection ( and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.

`(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother.

`( An offense under this section does not require proof that--

`(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or

`(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child.

`� If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being.

`(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.

`( The provisions referred to in subsection (a) are the following:

`(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1),
and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(, (a)(2)(, and (a)(3)(, 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title.


`(2) Section 40posticone) of the Controlled Substances Act of 1970 (21 U.S.C. 84posticone)).

`(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283).

`� Nothing in this section shall be construed to permit the prosecution--

`(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;

`(2) of any person for any medical treatment of the pregnant woman or her unborn child; or

`(3) of any woman with respect to her unborn child.

`(d) As used in this section, the term `unborn child' means a child in utero, and the term `child in utero' or `child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.'.

( CLERICAL AMENDMENT- The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following new item:
1841'.


SEC. 3. MILITARY JUSTICE SYSTEM.

(a) PROTECTION OF UNBORN CHILDREN- Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 919 (article 119) the following new section:

`Sec. 919a. Art. 119a. Death or injury of an unborn child

`(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection ( and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn child's mother.

`(2) An offense under this section does not require proof that--

`(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or

`(ii) the accused intended to cause the death of, or bodily injury to, the unborn child.

`(3) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under paragraph (1), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being.

`(4) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.

`( The provisions referred to in subsection (a) are sections 918, 919(a), 919((2), 920(a), 922, 924, 926, and 928 of this title (articles 118, 119(a), 119((2), 120(a), 122, 124, 126, and 128).

`� Nothing in this section shall be construed to permit the prosecution--

`(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;

`(2) of any person for any medical treatment of the pregnant woman or her unborn child; or

`(3) of any woman with respect to her unborn child.

`(d) In this section, the term `unborn child' means a child in utero, and the term `child in utero' or `child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.'.

( CLERICAL AMENDMENT- The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 919 the following new item:

`919a. 119a. Death or injury of an unborn child.'.

Debate is open for 5 days, ending Oct 29th.

How, exactly, is this different from the Lacy Peterson Act?

And btw, why do we jump into debates without any hearings on some of these bills? Not all of us are informed about the controversial legislation we're asked to consider in this committee, and the business is not being carried out thoughtfully, in my opinion.

Mr Chair,

I agree with part of the Gentleman from Florida's remarks. This appears to just be a more technical form of a bill we have passed. I suggest we vote it down because of the possibility of conflicting law if both are passed since I believe there are some differences.

I yield.