SS#3 SCS HS HCS HB 427, 40, 196 & 404 -- CRIME OF INFANTICIDE

This bill creates the crime of infanticide.  A person commits
infanticide if the person causes the death of a partially born
or born living infant with an overt act, or if the person does
any act that is a "substantial step" with the purpose of
committing infanticide.  A living infant is a child that is
alive and has been born or partially born.  Infanticide is a
class A felony.  A physician who uses procedures consistent with
usual and customary standards of medical practice to save the
life of the mother or the child is not guilty of the crime.  A
mother cannot be found criminally responsible if the physician
is not held criminally responsible.  The bill does not apply to
persons performing or attempting to perform legal abortions if
the act that causes death is performed prior to the child being
partially born.  The bill makes certain defenses available.

HS HCS HB 427, 40, 196 & 404 -- INFANTICIDE (Luetkenhaus)

This substitute creates the crime of infanticide.  A person
commits the crime of infanticide if the person intentionally
kills a living infant that is born, partially born, or aborted.
A living infant is a child that shows evidence of life,
including pulsation of the umbilical cord, muscle movement,
respiration, circulation, or brain function.  Infanticide is a
class A felony.  A physician who uses a customary medical
procedure to save the life of the mother or the child is not
guilty of the crime if the procedure unintentionally or
indirectly results in the death of the mother or the child.

FISCAL NOTE:  No impact on state funds.

HCS HB 427, 40, 196 & 404 -- Infanticide

SPONSOR:  Hosmer (Luetkenhaus)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 12 to 5.

This substitute creates the crime of infanticide.  A person
commits the crime of infanticide if the person intentionally
kills a living infant that is born, partially born, or aborted.
A living infant is a child that shows evidence of life including
pulsation of the umbilical cord, muscle movement, respiration,
circulation, or brain function.  Infanticide is a class A
felony.  A physician who uses a customary medical procedure to
save the life of the mother or the child is not guilty of the
crime if the procedure unintentionally or indirectly results in
the death of the mother or the child.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that all human life should be
respected and that partial birth abortions are an abomination
that disrespects one of the basic human rights:  The right to
life.  Supporters say that government must play a role as
protector of rights in society.  Supporters also say that
partial birth abortions cause intense pain to the fetus and that
a fetus' pain is estimated to be 3 to 5 times that of an adult.
Supporters say that the bills are different from last year's
bills, are not vague, and are constitutional.

Testifying for the bills were Representatives Luetkenhaus,
Chrismer, and Barry; Human Rights Office, Archdiocese of St.
Louis; Missouri Right to Life; Missouri Catholic Conference;
Campaign Life Missouri; Missouri Family Network; Missouri Eagle
Forum; Dr. Mary Deeken; Dr. Brian Conley; Dr. Anne Hennessey;
and Dr. Jean Wright.

OPPONENTS:  Those who oppose the bills say that the choice to
have an abortion is an extremely difficult choice for women.
Opponents say that the bills are an attempt to restrict a
woman's constitutional right to have an abortion.  Opponents
also say the bills are unconstitutional because there is no
exception for serious physical injury to the mother and because
the bills are unconstitutionally vague.  Opponents say the bills
are not different from last year's bill.

Testifying against the bills were Planned Parenthood of St.
Louis; Missouri Alliance for Choice; National Abortion Rights
Action League; Mary Ellen Degnan; and Susan Carlson.

Sarah Madden, Legislative Analyst

HB 427 -- Crime of Infanticide

Co-Sponsors:  Luetkenhaus, Cierpiot, Barry, Chrismer, Gross,
Gratz, O'Connor, Treadway

This bill creates the crime of infanticide.  A person commits
the crime of infanticide if the person intentionally kills a
living infant that is born, partially born, or aborted.  A
living infant is a child that shows evidence of life including
pulsation of the umbilical cord, muscle movement, respiration,
circulation, or  brain function.  Infanticide is a class A
felony.  A physician who uses a customary medical procedure to
save the life of the mother or the child is not guilty of the
crime if the procedure unintentionally or indirectly results in
the death of the mother or the child.