Legislation that would allow for an unborn child to be considered a victim if the pregnant mother is assaulted or killed received a jolt of energy March 30.
Sitting trapped in the Senate judiciary committee since Jan. 24, the legislation, House Bill 19, moved out of committee to the Senate calendar on the 25th of the 30-day session.
“It took teamwork,” said Dan Ireland, executive director of Alabama Citizen’s Action Program. “I think if it is brought up for a vote, it will pass.”
The bill, which passed the House of Representatives unanimously Jan. 19, focuses on charging a murderer with double murder if he or she kills a pregnant woman and her unborn child, Ireland explained. It does not include abortion or lawful administration of medication.
But Sen. Rodger Smitherman, D–Birmingham — chairman of the Senate judiciary committee, where the bill was assigned after passing the House — was concerned about the pregnant woman’s rights if she were to accidentally injure herself and the baby. Would she be at risk of being charged with a crime?
Ireland said wording was added to prevent that from happening.
Smitherman also was concerned with the definition of when life begins, Ireland said.
The definition about the beginning of life in the bill was developed from the federal government’s version, Ireland said.
The legislation states that a victim of a criminal homicide or assault “means a human being, including an unborn child in utero at any stage of development, regardless of viability.”
“We have all of that fixed,” he said, noting the various opponents and proponents of the legislation worked together for a compromise amendment to the bill.
“We appreciate Sen. Smitherman,” Ireland said. “He said last week he would work with us to get the bill out of committee and he did. The one who had been holding it up is now taking the lead to help get it passed and become law.”
The bill, which will require a three-fifths vote to move it forward on the Senate calendar for a vote, has the support of Lt. Gov. Lucy Baxley.
She said she believes the bill will pass if it comes up for a vote.
“I can’t imagine the vote against it being enough for a tie,” said Baxley, who only casts a vote in the case of a tie. “But if there should be so much disagreement as to a tie vote, then you can believe that I will vote for it.”
Smitherman told The Associated Press that he planned to speak in favor of the bill.
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