IB
Union Calendar No. 200
106TH CONGRESS
1ST SESSION
H. R. 2436
[Report No. 106–332, Part I]
To amend title 18, United States Code, and the Uniform Code of Military
Justice to protect unborn children from assault and murder, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 1, 1999
Mr. GRAHAM (for himself, Mr. SMITH of New Jersey, and Mr. CANADY of
Florida) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
SEPTEMBER 24, 1999
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
SEPTEMBER 24, 1999
Referral to the Committee on Armed Services extended for a period ending
not later than September 29, 1999
SEPTEMBER 29, 1999
Additional sponsors: Mr. PITTS, Mr. SALMON, Mr. BLILEY, Mr. SHOWS, Mr.
BACHUS, Mr. HUTCHINSON, Mr. LAHOOD, Mr. TANCREDO, Mr. KING-
STON, Mr. HILLEARY, Mr. DEMINT, Mr. GREEN of Wisconsin, Mr.
COBURN, Mr. TIAHRT, Mr. HYDE, Mr. LARGENT, Mr. ISTOOK, Mr. HILL
of Montana, Mr. ADERHOLT, Mr. SOUDER, Mr. STEARNS, Mr. RAHALL,
Mr. BURTON of Indiana, Mr. WELDON of Florida, Mr. HAYES, Mr.
BOEHNER, Mr. ENGLISH, Mr. BLUNT, Mr. BARCIA, Mr. PHELPS, Mr.
DICKEY, Mrs. MYRICK, Mr. GUTKNECHT, Mr. LEWIS of Kentucky, Mr.
GOODLATTE, Mr. BARR of Georgia, Mr. FLETCHER, Mr. RYAN of Wis-
consin, Mr. SHIMKUS, Mr. HUNTER, Mr. ARMEY, Mr. WATTS of Okla-
homa, Mr. WAMP, Mr. DUNCAN, Mr. HOEKSTRA, Mr. LUCAS of Ken-
tucky, Mr. GARY MILLER of California, Mr. MCINTOSH, Mr. CHABOT,
Mr. STENHOLM, Mr. RYUN of Kansas, Mr. COSTELLO, Mr. VITTER, Mrs.
EMERSON, Mr. OBERSTAR, Mr. HOSTETTLER, Mr. BRADY of Texas, Mr.
SKELTON, Mr. SCHAFFER, Mr. DELAY, Mr. BARTON of Texas, Mr. NOR-
WOOD, Mr. BAKER, Mr. TALENT, Mr. HALL of Texas, Mr. KNOLLEN-
BERG, Mr. DEAL of Georgia, Mr. COLLINS, Mr. BEREUTER, Mr. COOK,
Mr. HULSHOF, Mr. HASTINGS of Washington, Mr. CHAMBLISS, Mr.
SHADEGG, Mr. MICA, Mr. HANSEN, Mr. BARTLETT of Maryland, Mr.
SANFORD, Mr. BRYANT, Mr. CRANE, Mr. OXLEY, Mr. DOOLITTLE, Mr.
JONES of North Carolina, Mr. PACKARD, Mr. NEY, Mr. MURTHA, Mr.
SAM JOHNSON of Texas, Mr. HAYWORTH, Mr. WICKER, Mr. CAMP, Mr.
STUPAK, and Mr. WOLF
SEPTEMBER 29, 1999
The Committee on Armed Services discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on July 1, 1999]
A BILL
To amend title 18, United States Code, and the Uniform
Code of Military Justice to protect unborn children from
assault and murder, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Unborn Victims of Vio-
lence Act of 1999’’.
SEC. 2. PROTECTION OF UNBORN CHILDREN.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 90 the following:
‘‘CHAPTER 90A—PROTECTION OF UNBORN
CHILDREN
‘‘Sec.
‘‘1841. Protection of unborn children.
‘‘§ 1841. Protection of unborn children
‘‘(a)(1) Whoever engages in conduct that violates any
of the provisions of law listed in subsection (b) and thereby
causes the death of, or bodily injury (as defined in section
1365) to, a child, who is in utero at the time the conduct
takes place, is guilty of a separate offense under this section.
‘‘(2)(A) Except as otherwise provided in this para-
graph, the punishment for that separate offense is the same
as the punishment provided under Federal law for that con-
duct had that injury or death occurred to the unborn child’s
mother.
‘‘(B) An offense under this section does not require
proof that—
‘‘(i) the person engaging in the conduct had
knowledge or should have had knowledge that the vic-
tim of the underlying offense was pregnant; or
‘‘(ii) the defendant intended to cause the death
of, or bodily injury to, the unborn child.
‘‘(C) If the person engaging in the conduct thereby in-
tentionally kills or attempts to kill the unborn child, that
person shall be punished as provided under sections 1111,
1112, and 1113 of this title for intentionally killing or at-
tempting to kill a human being.
‘‘(D) Notwithstanding any other provision of law, the
death penalty shall not be imposed for an offense under this
section.
‘‘(b) The provisions referred to in subsection (a) are
the following:
‘‘(1) Sections 36, 37, 43, 111, 112, 113, 114, 115,
229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1),
and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116,
1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203,
1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864,
1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958,
1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191,
2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332,
2332a, 2332b, 2340A, and 2441 of this title.
‘‘(2) Section 408(e) of the Controlled Substances
Act of 1970 (21 U.S.C. 848(e)).
‘‘(3) Section 202 of the Atomic Energy Act of
1954 (42 U.S.C. 2283).
‘‘(c) Nothing in this section shall be construed to per-
mit the prosecution—
‘‘(1) of any person for conduct relating to an
abortion for which the consent of the pregnant woman
has been obtained or for which such consent is im-
plied by law in a medical emergency;
‘‘(2) of any person for any medical treatment of
the pregnant woman or her unborn child; or
‘‘(3) of any woman with respect to her unborn
child.
‘‘(d) As used in this section, the term ‘unborn child’
means a child in utero, and the term ‘child in utero’ or
‘child, who is in utero’ means a member of the species homo
sapiens, at any stage of development, who is carried in the
womb.’’.
(b) CLERICAL AMENDMENT.—The table of chapters for
part I of title 18, United States Code, is amended by insert-
ing after the item relating to chapter 90 the following new
item:
‘‘90A. Protection of unborn children .............................................. 1841’’.
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) PROTECTION OF UNBORN CHILDREN.—Subchapter
X of chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), is amended by inserting after sec-
tion 919 (article 119) the following new section:
‘‘§ 919a. Art. 119a. Protection of unborn children
‘‘(a)(1) Any person subject to this chapter who engages
in conduct that violates any of the provisions of law listed
in subsection (b) and thereby causes the death of, or bodily
injury (as defined in section 1365 of title 18) to, a child,
who is in utero at the time the conduct takes place, is guilty
of a separate offense under this section.
‘‘(2) The punishment for that separate offense is the
same as the punishment provided for that conduct under
this chapter had the injury or death occurred to the unborn
child’s mother, except that the death penalty shall not be
imposed.
‘‘(b) The provisions referred to in subsection (a) are
sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and
928 of this title (articles 118, 119(a), 119(b)(2), 120(a),
122, 124, 126, and 128).
‘‘(c) Subsection (a) does not permit prosecution—
‘‘(1) for conduct relating to an abortion for
which the consent of the pregnant woman has been ob-
tained or for which such consent is implied by law
in a medical emergency;
‘‘(2) for conduct relating to any medical treat-
ment of the pregnant woman or her unborn child; or
‘‘(3) of any woman with respect to her unborn
child.
‘‘(d) In this section, the term ‘unborn child’ means a
child in utero.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such subchapter is amended by inserting
after the item relating to section 919 the following new item:
‘‘919a. 119a. Protection of unborn children.’’.
Union Calendar No. 200
106TH CONGRESS
1ST SESSION
H. R. 2436
[Report No. 106–332, Part I]
A BILL
To amend title 18, United States Code, and the
Uniform Code of Military Justice to protect un-
born children from assault and murder, and for
other purposes.
SEPTEMBER 24, 1999
Referral to the Committee on Armed Services extended
for a period ending not later than September 29, 1999
SEPTEMBER 29, 1999
The Committee on Armed Services discharged; committed
to the Committee of the Whole House on the State of
the Union and ordered to be printed