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HOUSE DOCKET, NO. 2346        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2216


The Commonwealth of Massachusetts



Bradley H. Jones, Jr.


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to fetal homicide.






Bradley H. Jones, Jr.

20th Middlesex

Marc T. Lombardo

22nd Middlesex

Donald F. Humason, Jr.

4th Hampden

F. Jay Barrows

1st Bristol

George T. Ross

2nd Bristol

Todd M. Smola

1st Hampden

Kevin J. Kuros

8th Worcester

Sheila C. Harrington

1st Middlesex

Steven L. Levy

4th Middlesex

Paul K. Frost

7th Worcester

George N. Peterson, Jr.

9th Worcester

Elizabeth A. Poirier

14th Bristol

Viriato Manuel deMacedo

1st Plymouth

HOUSE DOCKET, NO. 2346        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2216

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 2216) of Bradley H. Jones, Jr., and others relative to the penalties for the crime of fetal homicide.  The Judiciary. 


SEE HOUSE, NO. 1443 OF 2009-2010.]


The Commonwealth of Massachusetts



In the Year Two Thousand Eleven



An Act relative to fetal homicide.


              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

              SECTION 1. Chapter 265 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following section:--

              Section 13M.  (a) For the purposes of this section, the following words shall, unless the context indicates otherwise, have the following meanings:—

              “Bodily injury”, substantial impairment of the physical condition including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child’s health or welfare.

              “Child in utero”, a member of the species homo sapiens, at any stage of development, who is carried in the womb.

              (b) Whoever engages in conduct that violates any of the provisions of law listed in chapter 265 of the General Laws which results in the death of, or bodily injury to, a child in utero when the conduct occurs, is guilty of a separate offense under this section.

              (c) (1) Except as otherwise provided in this subsection, the punishment for that separate offense is the same as the punishment provided under the General Laws for that conduct had the injury or death occurred to the unborn child’s mother.

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

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

              the defendant intended to cause the death of, or bodily injury to, the unborn child

              (d) Nothing in this section shall be construed to permit the prosecution-

              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 required by law;

              of any person for any medical treatment of the pregnant woman or her unborn child; or

              of any woman with respect to her unborn child.

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