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Fetal murder bill on the go

‘Personhood’ controversy clears panel
Vicki Cowart, president and CEO of Planned Parenthood of the Rocky Mountains, speaks during a news conference and rally last year against Amendment 67, the so-called personhood measure. Colorado lawmakers advanced a bill Wednesday that would define an unborn child as a “person” – allowing prosecutors to file murder charges in attacks against pregnant women.

DENVER – A Colorado Senate committee Wednesday advanced a controversial measure that would define an unborn child as a “person” so that prosecutors can file murder charges in attacks against pregnant women.

After a nearly five-hour hearing, the Republican-controlled Senate Judiciary Committee backed the bill on a 3-2 party-line vote, with support from Sen. Ellen Roberts of Durango.

“This bill, I don’t see it about abortion,” Roberts said. “I see it as criminal justice.”

Senate Bill 268 was introduced by Republican leaders in the waning days of the legislative session in reaction to a recent horrific event in Longmont in which a woman suffered as her 7-month-old fetus was cut from her womb by another woman. The fetus died.

The issue is mired in controversy, as pro-choice advocates say that the legislation would create so-called “personhood” in the state, which they fear would lead to arresting and charging women for murder simply for having an abortion.

Supporters of the bill, however, point out that the measure specifically exempts an act committed by a mother, a medical procedure performed by a doctor and the administration of legal medication.

“I support a woman’s right to choose, and for nine years in this building, my voting record shows that,” Roberts said. “It does not create personhood, and I’m very disappointed in those who have perpetuated that myth.”

Supporters also highlight that Colorado would join 37 states that have similar laws, with 29 states that have laws identical to the Colorado proposal.

Senate President Bill Cadman, R-Colorado Springs, sponsor of the legislation, was appalled to learn that prosecutors in Boulder County would not file murder charges in the Longmont case.

When a witness testifying on the bill accused him of having political motivations, Cadman scolded her and responded, “I take incredible exception. ... My political motivation is my son.

“Families of crimes deserve justice. Society demands justice, and society requires policymakers, society requires legislators, to provide the structure to deliver justice,” he said during closing remarks.

Sponsors are navigating a maze of politics. The pro-choice world – including Planned Parenthood of the Rocky Mountains and NARAL Pro-Choice Colorado – have spoken against the measure.

“Using tragedies as political cover to enact an abortion ban, criminalize doctors and prosecute pregnant women is wrong,” said Karen Middleton, director of NARAL Pro-Choice Colorado.

During testimony, they repeatedly pointed out that Coloradans widely rejected personhood ballot initiatives on three separate occasions. They also brought witnesses, including attorneys, who highlighted examples in other states where fetal homicide laws were used to punish women. A report released in 2013 by National Advocates for Pregnant Women identified 413 criminal and civil cases against pregnant women in those states.

But each case is unique. An Indiana woman recently was jailed for so-called “feticide” after she had a miscarriage and left her stillborn fetus in a trash bin. When authorities arrived, they declared the fetus dead.

The woman was charged with child neglect and later with killing her fetus. She was accused of taking illegal abortion drugs and was sentenced to 20 consecutive years in prison. In her defense, the woman said she was shocked by the miscarriage and therefore didn’t call 911.

Democrats believe protections already exist, pointing to a law they passed in 2013 that created a new category of crime to address violent acts committed against the unborn. But the measure stopped short of creating a murder charge.

House Speaker Dickey Lee Hullinghorst, D-Boulder, said there is little room for negotiation on the fetal homicide issue, which suggests the bill would die in the Democrat-controlled House.

“We should not write legislation that has long-term effects as a reaction to a problem,” Hullinghorst said. “I am very convinced we will get ourselves in a lot of trouble if we pass this bill.”

pmarcus@durangoherald.com



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