Unborn Victims of Violence Act of 2004

Bill: 108-hr-1997
Sponsor: Rep. Hart, Melissa A. [R-PA-4]
Introduced: 2003-05-07 in the House
Policy area: Crime and Law Enforcement
Subjects: Abortion
Armed Forces and National Security
Assault
Capital punishment
Conspiracy
Courts-martial and courts of inquiry
Crimes against women
Drug abuse
Drug traffic
Fetus
Health
Military and naval offenses
Murder
Organized crime
Pregnant women
Prosecution
Sentences (Criminal procedure)
Violence
Women

Summary:
action_date: 2003-05-07
text: Unborn Victims of Violence Act of 2003 or Laci and Conner's Law - Provides that: (1) whoever engages in conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles the Uniform Code of Military Justice (conduct constituting certain Federal violent crimes) and thereby causes the death of, or bodily injury to, a child who is in utero, shall be guilty of a separate offense; and (2) the punishment for that separate offense shall be the same as that provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother.
Specifies that a violation of such provisions does not require proof that: (1) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to cause the death of, or bodily injury to, the unborn child. Prohibits imposition of the death penalty for an offense under this Act.
Bars prosecution under this Act: (1) 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 implied by law; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child.
action_date: 2004-02-11
text: 
Unborn Victims of Violence Act of 2004 or Laci and Conner's Law - Provides that persons who commit certain Federal violent crimes (conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles of the Uniform Code of Military Justice) and thereby cause the death of, or bodily injury to, a child who is in utero shall be guilty of a separate offense. Requires the punishment for that separate offense to be the same as provided under Federal law for conduct causing the injury to, or death of, the unborn child's mother. 
 
Declares that such a separate offense does not require proof that: (1) the person who committed the offense knew or should have known that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to harm the unborn child. Prohibits imposition of the death penalty for such an offense. 
Bars prosecution under this Act: (1) 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 is implied by law or for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (2) of any woman with respect to her unborn child.
action_date: 2004-02-26
text: 
Unborn Victims of Violence Act of 2004 or Laci and Conner's Law - Provides that persons who commit certain Federal violent crimes (conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles of the Uniform Code of Military Justice (UCMJ) ) and thereby cause the death of, or bodily injury to, a child who is in utero shall be guilty of a separate offense. Requires the punishment for that separate offense to be the same as provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother (or in the case of a UCMJ violation, to be such punishment as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for such conduct had that injury or death occurred to the unborn child's mother).
 
Declares that such a separate offense does not require proof that: (1) the person who committed the offense knew or should have known that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to harm the unborn child. Prohibits imposition of the death penalty for such an offense. 
Bars prosecution under this Act: (1) 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 is implied by law or for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (2) of any woman with respect to her unborn child.
action_date: 2004-03-25
text: 

 

(This measure has not been amended since it was passed by the House on February 26, 2004. The summary of that version is repeated here.)

 
Unborn Victims of Violence Act of 2004 or Laci and Conner's Law - Provides that persons who commit certain Federal violent crimes (conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles of the Uniform Code of Military Justice (UCMJ) ) and thereby cause the death of, or bodily injury to, a child who is in utero shall be guilty of a separate offense. Requires the punishment for that separate offense to be the same as provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother (or in the case of a UCMJ violation, to be such punishment as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for such conduct had that injury or death occurred to the unborn child's mother).
 
Declares that such a separate offense does not require proof that: (1) the person who committed the offense knew or should have known that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to harm the unborn child. Prohibits imposition of the death penalty for such an offense. 
Bars prosecution under this Act: (1) 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 is implied by law or for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (2) of any woman with respect to her unborn child.
action_date: 2004-04-01
text: 

(This measure has not been amended since it was passed by the House on February 26, 2004. The summary of that version is repeated here.)

 
Unborn Victims of Violence Act of 2004 or Laci and Conner's Law - Provides that persons who commit certain Federal violent crimes (conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles of the Uniform Code of Military Justice (UCMJ) ) and thereby cause the death of, or bodily injury to, a child who is in utero shall be guilty of a separate offense. Requires the punishment for that separate offense to be the same as provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother (or in the case of a UCMJ violation, to be such punishment as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for such conduct had that injury or death occurred to the unborn child's mother).
 
Declares that such a separate offense does not require proof that: (1) the person who committed the offense knew or should have known that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to harm the unborn child. Prohibits imposition of the death penalty for such an offense. 
Bars prosecution under this Act: (1) 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 is implied by law or for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (2) of any woman with respect to her unborn child.

Legislative actions:
action_date: 2004-04-01
text: Became Public Law No: 108-212.
action_date: 2004-04-01
text: Became Public Law No: 108-212.
action_date: 2004-04-01
text: Signed by President.
action_date: 2004-04-01
text: Signed by President.
action_date: 2004-03-31
text: Presented to President.
action_date: 2004-03-31
text: Presented to President.
action_date: 2004-03-25
text: Message on Senate action sent to the House.
action_date: 2004-03-25
text: Passed Senate without amendment by Yea-Nay Vote. 61 - 38. Record Vote Number: 63.
action_date: 2004-03-25
text: Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 61 - 38. Record Vote Number: 63.
action_date: 2004-03-25
text: Measure laid before Senate. (consideration: CR S3124-3167)
action_date: 2004-03-11
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 458.
action_date: 2004-03-10
text: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2004-02-26
text: Received in the Senate.
action_date: 2004-02-26
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-02-26
text: On passage Passed by recorded vote: 254 - 163 (Roll no. 31).
action_date: 2004-02-26
text: Passed/agreed to in House: On passage Passed by recorded vote: 254 - 163 (Roll no. 31).
action_date: 2004-02-26
text: DEBATE - Pursuant to House Resolution 529 the House proceeded with one hour of debate on the Lofgren amendment in the nature of a substitute.
action_date: 2004-02-26
text: DEBATE - The House proceeded with two hours of debate on H.R. 1997.
action_date: 2004-02-26
text: Rule provides for consideration of H.R. 1997 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted. Measure will be considered read. A specified amendment is in order.
action_date: 2004-02-26
text: Considered under the provisions of rule H. Res. 529. (consideration: CR H637-668; text of measure as introduced: CR H637-638)
action_date: 2004-02-25
text: Rule H. Res. 529 passed House.
action_date: 2004-02-25
text: Sponsor introductory remarks on measure. (CR H609)
action_date: 2004-02-24
text: Rules Committee Resolution H. Res. 529 Reported to House. Rule provides for consideration of H.R. 1997 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted. Measure will be considered read. A specified amendment is in order.
action_date: 2004-02-11
text: Placed on the Union Calendar, Calendar No. 242.
action_date: 2004-02-11
text: Committee on Armed Services discharged.
action_date: 2004-02-11
text: Committee on Armed Services discharged.
action_date: 2004-02-11
text: House Committee on Armed Services Granted an extension for further consideration ending not later than Feb. 11, 2004.
action_date: 2004-02-11
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-420, Part I.
action_date: 2004-02-11
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-420, Part I.
action_date: 2004-01-21
text: Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 13.
action_date: 2004-01-21
text: Committee Consideration and Mark-up Session Held.
action_date: 2003-07-15
text: Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 6 - 3.
action_date: 2003-07-15
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2003-07-08
text: Subcommittee Hearings Held.
action_date: 2003-06-24
text: Referred to the Subcommittee on the Constitution.
action_date: 2003-05-07
text: Referred to the Committee 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 jurisdiction of the committee concerned.
action_date: 2003-05-07
text: Referred to the Committee 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 jurisdiction of the committee concerned.
action_date: 2003-05-07
text: Referred to the Committee 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 jurisdiction of the committee concerned.
action_date: 2003-05-07
text: Introduced in House
action_date: 2003-05-07
text: Introduced in House

Enacted as: number: 108-212