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Maryland Fetal Homicide Bill (HB 748)

This law was last updated on Sep 6, 2018


This law is Anti–Choice

State

Maryland

Number

HB 748

Status

Failed to Pass

Proposed

Feb 1, 2018

Topics

Fetal Homicide

Full Bill Text

mgaleg.maryland.gov

HB 748 would expand the application of certain provisions relating to a prosecution for murder or manslaughter of a certain viable fetus to a prosecution for murder or manslaughter of a certain “unborn child.”

The bill defines “unborn child” to mean “a fetus at any stage of development that is carried in the womb.”

The bill would allow a prosecution for murder or manslaughter of an “unborn child” if the person prosecuted:

  • intended to cause the death of the “unborn child”;
  • intended to cause serious physical injury to the “unborn child”; or
  • wantonly or recklessly disregarded the likelihood that the person’s actions would cause the death of or serious physical injury to the “unborn child.”

The bill specifies that this law would not apply to lawful abortions, lawful medical care, or any actions of the pregnant person.

The bill further specifies that nothing in this provision should be construed to confer personhood or any rights on the “unborn child.”


Related Legislation

Companion bill to SB 533.


People