Hawaii Feticide Bill (HB 1234)

This law was last updated on Apr 25, 2016


State

Hawaii

Number

HB 1234

Status

Failed to Pass

Proposed

Jan 29, 2015

Topics

Fetal Homicide, Personhood

Full Bill Text

www.capitol.hawaii.gov

HB 1234 would add “feticide” and “manslaughter of an unborn child” to the current list of violent crime offenses in the state of Hawaii.

HB 1234 would make it an offense of feticide if a person intentionally or knowingly causes the death of an “unborn child” by causing an injury to the mother; provided that the injury would be murder if it resulted in the death of the mother or if the person caused the death of an “unborn child” while committing a felony.

This would not apply to any person for conduct relating to an abortion, any medical treatment of the pregnant woman or “unborn child,” or any woman with respect to her “unborn child.”

HB 1234 would also make it an offense of manslaughter of an “unborn child” if the person causes death of an “unborn child” under circumstances that would otherwise be feticide; and the person was under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation.

Manslaughter of an “unborn child” would be a class A felony.  As with feticide, a manslaughter of an “unborn child” charge would not apply to any person for conduct relating to an abortion, any medical treatment of the pregnant woman or “unborn child,” or any woman with respect to her “unborn child.”

 


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