UNBORN CHILDREN RECOGNIZED AS VICTIMS OFCRIME IN MISSISSIPPI

By Mary Spaulding Balch, J.D.
NRLC State Legislation Director

With the passage of new legislation, Mississippi joins a growing number of states which recognize unborn children as victims of crimes throughout the entire period of prenatal development, not just later in pregnancy.

On April 16, having passed both houses of the legislature without a single dissenting vote, the new law was signed by Governor Ronnie Musgrove. The new law recognizes that unborn children are human beings who can be victims of crimes, regardless of their stage of prenatal development. Formerly, Mississippi's law recognized only the harm to the mother and an "unborn quick child."

The legislation was guided through the state Senate Health Committee and the full Senate by newly elected pro-life Lt. Governor Amy Tuck. Tuck was a strong proponent of the legislation. "This protective legislation, is the right thing to do," she said. "In Mississippi all our children ought to be protected, born and unborn."

Local pro-life leaders were ecstatic.

"We, at Mississippi Right to Life are thrilled that once again Mississippi has made its position clear on life issues," said Sandy Ellard, who is Mississippi's representative to the NRLCboard of directors. "We are resoundingly pro-life, and our legislature knows that."

Ellard added, " We are thankful for wonderful pro-life bill sponsors in the House and Senate and the unwavering support of Lt. Gov. Amy Tuck and Pro Tem Travis Little."

Mississippi joins 11 other states that recognize the unborn child as a victim throughout the period of pre-natal development.

These other states are Arizona, Illinois, Louisiana, Minnesota, Missouri, North Dakota, Ohio, Pennsylvania, South Dakota, Utah, and Wisconsin. Most encouraging is that in each state in which the law has been challenged in court, it has been upheld.

Meanwhile, despite meeting resistance in the state Senate, South Carolina is possibly on the verge of approving a similar bill.

The House of Representatives approved the Unborn Victims Bill, on February 24, by an overwhelming bipartisan majority of 82-18. H3863 would establish legal victim status for the unborn child from fertilization to birth in situations in which the preborn child is injured or killed by criminal acts of violence or civil acts of negligence against the mother.

The measure establishes the unborn child as a separate victim. The bill specifically excludes abortion.

On May 2, the state Senate Judiciary Subcommittee failed by one vote to approve the bill. Voting in favor of the bill were Committee Chairman Sen. Wilson and member Sen. Gregory. Voting against the bill were state Senators Elliott, Short, and Glover.

Ironically, the rejection came after five witnesses testified in favor of the bill and none testified against.

Just when the measure seemed dead for this session, on May 9, the House sent a clear message to Senate's Judiciary Subcommittee that the Unborn Victims Bill should become law. On a voice vote, the members of the House attached the same protective language to a free standing bill, which had already been passed by the Senate.

The new bill, as amended, now goes directly to the Senate floor for an up or down vote, bypassing the unfriendly Judiciary Subcommittee altogether. South Carolina Citizens for Life is urging the Senate to pass the new bill, which includes the Unborn Victims Bill, and to send it on to the Governor.

"South Carolina has long recognized fetal personhood in certain situations," said Holly Gatling, executive director of South Carolina Citizens for Life. "Now we are asking the legislature to simply take the logical step and recognize the human status of the unborn child at all stages of development when he or she is the victim of a crime."