HOUSE BILL 698
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Terry T. Marquardt
AN ACT
RELATING TO CRIMINAL LAW; CREATING A SEPARATE AND ADDITIONAL OFFENSE WHEN CRIMINAL CONDUCT INJURES OR KILLS AN UNBORN CHILD; ENACTING A NEW MEXICO VERSION OF "LACI AND CONNER'S LAW".
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Criminal Code is enacted to read:
"[NEW MATERIAL] CRIMES AGAINST AN UNBORN CHILD.--
A. Whoever in the commission of a crime causes injury to or death of a child who is in utero at the time of the offense is guilty of a separate and additional offense in relation to the unborn child and is subject to the same penalties for that offense as if the injury or death occurred to the unborn child's mother.
B. An offense under Subsection A of this section does not require proof that the person committing the crime:
(1) had knowledge or should have had knowledge of the existence of the unborn child; or
(2) intended to cause injury or death to the unborn child.
C. If a person intentionally causes injury to or death of an unborn child, the person shall be punished as provided in the Criminal Code for intentionally causing injury to or death of a human being, and the provisions of this section shall not apply.
D. Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.
E. Nothing in this section shall be construed to permit prosecution:
(1) for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized to act on her behalf has been obtained or for which the consent is implied by law;
(2) for medical treatment of the pregnant woman or her unborn child; or
(3) of any woman with respect to her unborn child."
Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.