Connecticut Seal

General Assembly

Amendment

 

January Session, 2007

LCO No. 6565

   
 

*SB0134306565SRO*

Offered by:

 

SEN. DELUCA, 32nd Dist.

 

To: Senate Bill No. 1343

File No. 231

Cal. No. 242

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 53a-59c is repealed and the following is substituted in lieu thereof (Effective October 1, 2007)

(a) A person is guilty of assault of a pregnant woman resulting in termination of pregnancy when such person commits assault in the first degree as provided under subdivision (1) of subsection (a) of section 53a-59 and (1) the victim of such assault is pregnant, and (2) such assault results in the termination of pregnancy that does not result in a live birth.

(b) In any prosecution for an offense under this section, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know that the victim was pregnant.

(c) Assault of a pregnant woman resulting in termination of pregnancy is a class A felony.

(d) A person found guilty pursuant to this section is also guilty of the separate charge of murder, pursuant to section 53a-54a, of the unborn child with whom the woman is pregnant at the time of such assault.

(e) Nothing in this section shall be construed to permit the prosecution of (1) any person for conduct relating to an abortion for which the consent of a pregnant woman, or a person authorized by law to act on such woman's behalf, has been obtained, (2) any person for any medical treatment of a pregnant woman or her unborn child, or (3) any woman with respect to her unborn child."