House Subcommittee Approves Unborn Victims Bill

July 17, 2003—Washington, DC: Legislation that would offer additional protection to pregnant women and unborn children who are victims of assault passed its first hurdle on Tuesday. The House Judiciary Constitution Subcommittee passed the Unborn Victims of Violence Act 6-3.

The vote followed a heated debate between pro-life and pro-abortion lawmakers.

Subcommittee Chairman Steve Chabot (R-OH) said the bill (HR 1997) was needed to "correct an unacceptable defect" in current federal law whereby prosecutors cannot charge defendants accused of an existing federal crime with a separate offense for the injury or death of the unborn child.

"Unfortunately, violence against women and their unborn children is a far too common occurrence in our society," said Chabot. "Yet, under current federal law, injuring or killing an unborn child during an attack against a pregnant woman has no legal consequence. This situation is unacceptable. Women have a right to see the perpetrators of these crimes justly punished."

Pro-abortion Rep. Jerrold Nadler (D-NY) said Congress should stiffen penalties for crimes against pregnant women without "plunging a legitimate law enforcement effort into the murky waters of the abortion debate."

Nadler supports an alternative proposal by abortion advocates that would simply stiffen the penalties for attacking a pregnant woman. Pro-life groups oppose the alternative, sponsored by pro-abortion Rep. Zoe Lofgren (D-CA), because it does not recognize an unborn child as a second victim of such crimes.

Tracy Marciniak, a Wisconsin woman who lost her unborn son Zachariah when her husband assaulted her, told members of the subcommittee in a hearing last week that both she and her unborn son were victims.

Members voting for the pro-life bill included Reps. Steve King (R-IA), William Jenkins (R-TN), John Hostettler (R-IN), Melissa Hart (R-PA), the bill's prime sponsor, Randy Forbes (R-VA), and Steve Chabot (R-OH). Members voting against the bill included Jarrold Nadler (D-NY), Bobby Scott (D-VA) and Adam Schiff (D-CA).

Reps. Tom Feeney (R-FL) and Spencer Bachus (R-AL), both of whom supported the bill, were not present for the vote. Reps. John Conyers (D-MI) and Melvin Watt (D-NC), who oppose it, were also not present.

The family of Laci and Connor Peterson has written members of Congress in support of the Unborn Victims bill and polls confirm most Americans support it over the Lofgren alternative.

The measure may be taken up by the full House Judiciary Committee next week. If not, it may not receive a hearing until after the August Congressional recess.

ACTION: Contact members of the House Judiciary Committee with your thoughts in support of the Unborn Victims of Violence Act. You can find members of the committee at http://www.house.gov/judiciary/members.htm.