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F I S C A L I M P A C T R E P O R T

SPONSOR Larranaga

DATE TYPED 1/24/05

HB 111

SHORT TITLE Unborn Victims of Vilence Act

SB

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

See Narrative

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney Generals Office (AG)

Administrative Office of the District Attorneys (AODA)

Corrections Department (CD)

SUMMARY

Synopsis of Bill

House Bill 111 enacts the “Unborn Victims of Violence Act” which provides criminal penalties

for killing or injuring a child in utero without lawful justification. The Act prohibits those crimes

and imposes penalties for intentional murder, voluntary manslaughter, involuntary manslaughter,

and battery on an “unborn child”. The Act will not apply to legal abortion, self-induced abortion,

acts in accordance with customary medical procedure, and acts committed in self defense.

Knowledge of pregnancy is not required

Significant Issues

The AG believes HB 111 is modeled after the federal Unborn Victims of Violence Act or “Laci

and Conner’s Law” which was signed by President Bush on April 1, 2004. PL 108-212. Oppo-

nents of the law, including the Planned Parenthood Federation of America, assert that the federal

law represents an erosion of the principles set forth by the Supreme Court in its 1973 decision in

Roe v. Wade. Opponents claim that the federal law gives legal status to an egg or embryo, even

House Bill 111 -- Page 2

if the woman does not know she is pregnant. They also assert that the federal law does not rec-

ognize the woman as the victim. The New Mexico bill defines “child in utero” to include “a

member of the species homo sapiens at any stage of development that is carried in the womb.” It

is therefore likely that opponents will raise those issues during challenges to the federal and simi-

lar state laws.

Current New Mexico state law already prohibits “Injury to a Pregnant Woman” (NMSA Section

30-3-7 1978 comp.), and “Injury to a Pregnant Woman by Vehicle” while under the influence of

intoxicating liquor or drugs. (NMSA 66-8-101.1 1978 comp.) Both crimes are third degree felo-

nies and prohibit and penalize acts against a pregnant woman resulting in miscarriage or still-

birth. If this act is enacted, prosecutors will be faced with choosing the appropriate law.

FISCAL IMPLICATIONS

There might be increased costs to prosecute and incarcerate under this bill. However, New Mex-

ico law already prohibits and penalizes injury to a pregnant woman so there will not be many

additional cases under HB 111.

ADMINISTRATIVE IMPLICATIONS

The District Attorneys and the AG will be required to determine if the elements of the crimes

specified in the new act have been met before commencing prosecution. They will be faced with

legal challenges to the new act during prosecution. Should the act withstand judicial scrutiny, the

Corrections Department will be responsible for incarcerating those convicted.

DW/sb:lg