AN ACT relating to unborn children.

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AN ACT relating to unborn children. 1
WHEREAS, the Fourteenth Amendment to the Constitution of the United States 2
requires that no state "shall deny to any person wit hin its jurisdiction the equal protection 3
of the laws"; and 4
WHEREAS, innocent human life, created in the image of God, should be equally 5
protected under the laws from fertilization to natural death; and 6
WHEREAS, to ensure the right to life and equal protec tion of the laws, all preborn 7
children should be protected with the same homicide laws protecting all other human 8
persons; and 9
WHEREAS, all persons potentially subject to such laws are entitled to due process 10
protections; and 11
WHEREAS, pregnant mothers shou ld be protected from being pressured to abort 12
their children by repealing provisions that may otherwise allow a person to solicit, 13
command, aid, or counsel a mother to abort her child; 14
NOW, THEREFORE, 15
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 16
SECTION 1. A NEW SECTION OF KRS CHAPTER 507 IS CREATED TO 17
READ AS FOLLOWS: 18
Unless specifically provided otherwise, in a prosecution under this chapter where the 19
victim is an unborn child, enforcement shall be subject to the same legal principles as 20
would apply to the homicide of a person who had been born alive, including 21
presumptions, defenses, justifications, laws of parties, immunities, and clemencies. 22
SECTION 2. A NEW SECTION OF KRS CHAPTER 507 IS CREATED TO 23
READ AS FOLLOWS: 24
This chapter shall not apply to the unintentional death of an unbor n child when the 25
death results from: 26
(1) The undertaking of life -saving procedures on a pregnant woman when the 27
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procedures are accompanied by reasonable steps, if available, to save the life of 1
her unborn child; or 2
(2) A spontaneous miscarriage. 3
Section 3. KRS 507.010 is amended to read as follows: 4
As used in this chapter: 5
(1) "Abuse" has the same meaning as in KRS 508.090; 6
(2) "Criminal homicide" means that a person is guilty of causing the death of another 7
human being u nder circumstances which constitute murder, manslaughter in the 8
first degree, manslaughter in the second degree, or reckless homicide;[ and] 9
(3) "Person" and "human being" include an unborn child; 10
(4)[(3)] "Physically helpless" and "mentally helpless" have the same meaning as in 11
KRS 508.090; 12
(5) "Spontaneous miscarriage" means the natural or accidental termination of a 13
pregnancy and the expulsion of the unborn child; and 14
(6) "Unborn child" means an individual from fertilization until live birth. 15
SECTION 4. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 16
READ AS FOLLOWS: 17
As used in KRS 508.010, 508.020, 508.025, 508.030, 508.032, and 508.040 and Sections 18
4 to 6 of this Act: 19
(1) "Person" includes an unborn child; 20
(2) "Spontaneous miscarriage" means the natural or accidental termination of a 21
pregnancy and the expulsion of the unborn child; and 22
(3) "Unborn child" means an individual from fertilization until live birth. 23
SECTION 5. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 24
READ AS FOLLOWS: 25
Unless specifically provided otherwise, in a prosecution under KRS 508.010, 508.020, 26
508.025, 508.030, 508.032, and 508.040 where the victim is an unborn child, 27
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enforcement shall be subject to the same leg al principles as would apply to the assault 1
of a person who had been born alive, including presumptions, defenses, justifications, 2
laws of parties, immunities, and clemencies. 3
SECTION 6. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 4
READ AS FOLLOWS: 5
This chapter shall not apply to the unintentional death of an unborn child when the 6
death results from: 7
(1) The undertaking of life -saving procedures on a pregnant woman when the 8
procedures are accompanied by reasonable steps , if available, to save the life of 9
her unborn child; or 10
(2) A spontaneous miscarriage. 11
SECTION 7. A NEW SECTION OF KRS CHAPTER 15 IS CREATED TO 12
READ AS FOLLOWS: 13
The Attorney General shall have concurrent jurisdiction wi th Commonwealth's 14
attorneys and county attorneys for the investigation and prosecution of offenses under 15
KRS Chapter 507 and KRS 508.010, 508.020, 508.025, 508.030, 508.032, and 508.040 16
when the victim is an unborn child as defined in Sections 3 and 4 of this Act. 17
Section 8. KRS 439.265 is amended to read as follows: 18
(1) Subject to the provisions of KRS Chapter 439 and Chapters 500 to 534, any Circuit 19
Court may, upon motion of the defendant made not earlier than thirty (30) days nor 20
later than one hundred eighty (180) days after the defendant has been incarcerated 21
in a county jail following his or her conviction and sentencing pending delivery to 22
the institution to which he or she has been sentenced, or delivered to the keeper of 23
the institution to which he or she has been sentenced, suspend the further execution 24
of the sentence and place the defendant on probation upon terms the court 25
determines. Time spent on any form of release following conviction shall not count 26
toward time required under this section. 27
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(2) The court shall consider any motion filed in accordance with subsection (1) of this 1
section within sixty (60) days of the filing date of that motion, and shall enter its 2
ruling within ten (10) days after considering the motion. The defendant may, in the 3
discretion of the trial court, have the right to a hearing on any motion he or she may 4
file, or have filed for him or her, that would suspend further execution of sentence. 5
Any court order granting or denying a motion to suspend further execution of 6
sentence is not reviewable. 7
(3) (a) During the period in which the defendant may file a motion pursuant to this 8
statute, the sentencing judge, within his or her discretion, may order that the 9
defendant be held in a local detention facility that is not at or above max imum 10
capacity until such time as the court rules on said motion. During this period 11
of detention, and prior to the court's ruling on said motion, the court may 12
require the defendant to participate in any approved community work program 13
or other forms of work release. Persons held in the county jail pursuant to this 14
subsection shall not be subject to transfer to a state correctional facility until 15
the decision is made not to place the petitioner on shock probation. 16
(b) The provisions concerning community work programs or other forms of work 17
release shall apply only to persons convicted of Class C or Class D felonies, 18
and may be granted only after a hearing at which the Commonwealth's 19
attorney has the opportunity to present arguments in favor or opposition 20
thereto. 21
(4) (a) If the defendant is a violent offender as defined in KRS 439.3401, the 22
sentence shall not be probated under this section.[ 23
(b) The sentence shall not be probated under this section if the defendant has been 24
convicted of [: 25
1. ]a violation of either KRS 507.040 or 507.050[507A.040] and a 26
violation of KRS 189A.010 arising out of the same incident[; or 27
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2. A violation of either KRS 507.050 or 507A.050 and a violation of KRS 1
189A.010 arising out of the same incident]. 2
(5) If the defendant has been convicted of an offense under KRS 510.050, 510.080, 3
530.020, 530.064(1)(a), or 531.310, or criminal attempt to commit any of these 4
offenses under KRS 506.010, the sentence shall not be suspended, in accordance 5
with KRS 532.045. 6
(6) When a defendant has been convicted of a sex crime, as defined in KRS 17.500, the 7
court shall order a comprehensive sex offender presentence evaluation, unless one 8
has been provided within the past six (6) months, in which case the court may order 9
an update of the comprehensive s ex offender presentence evaluation of the 10
defendant conducted by the sex offender treatment program operated or approved 11
by the Department of Corrections or the Sex Offender Risk Assessment Advisory 12
Board. The comprehensive sex offender presentence evaluat ion shall provide to the 13
court a recommendation related to the risk of a repeat offense by the defendant and 14
the defendant's amenability to treatment, and shall be considered by the court in 15
determining whether to suspend the sentence. If the court suspends the sentence and 16
places the defendant on probation, the provisions of KRS 532.045(3) to (7) shall 17
apply. 18
(7) The authority granted in this section shall be exercised by the judge who imposed 19
sentence on the defendant, unless he or she is unable to act and it appears that his or 20
her inability to act should continue beyond the expiration of the term of the court. 21
In such case, the judge who imposed sentence shall assign a judge to dispose of a 22
motion filed under this section, or as prescribed by the rules a nd practices 23
concerning the responsibility for disposition of criminal matters. 24
(8) The provisions of this section shall not apply where a sentence of death has been 25
imposed. 26
Section 9. The following KRS sections are repealed: 27
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507A.010 Definitions -- Exceptions. 1
507A.020 Fetal homicide in the first degree. 2
507A.030 Fetal homicide in the second degree. 3
507A.040 Fetal homicide in the third degree. 4
507A.050 Fetal homicide in the fourth degree. 5
507A.060 Death sentence prohibited. 6
Section 10. The changes in law made by this Act apply only to conduct that 7
occurs on or after the effective date of this Act. Conduct that occurs before the effective 8
date of this Act is governed by the law in effect at the time the conduct occurred, and that 9
law is continued in effect for that purpose. 10
Section 11. Existing provisions relating to prenatal homicide or assault or 11
regulating abortion or abortion facilities are not repealed but are superseded to the extent 12
that those provisions may conflict with or may be inconsistent with Section 1, 2, 3, 4, 5, 13
6, or 7 of this Act. 14
Section 12. This Act may be cited as the Prenatal Equal Protection Act. 15