Sears introduces bill to penalize fetus crimes
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By LISA RATHKE Associated Press Writer - Published: December 3, 2009
MONTPELIER — A car crash that took the lives of unborn twins last summer has prompted a Vermont lawmaker to introduce a bill that would boost penalties for driving crimes and assaults that harm pregnant women.
State Sen. Richard Sears, who released the bill on Monday, said by protecting pregnant women the bill avoids the abortion debate. But the proposal is immediately drawing attention from both sides of the issue.
"Our concern with this bill is that it opens the door to other conversations like fetal rights and I think what we want to do here is to make sure that we're just helping to protect women," Jill Krowinski, a spokeswoman for Planned Parenthood of Northern New England, said Wednesday.
Mary Hahn Beerworth, executive director of the Vermont Right to Life Committee, wouldn't say whether her group supports or opposes it and said it's waiting to see what else may be proposed.
The bill stems from an accident involving Patricia Blair, 38, of Pownal, who was six months pregnant when her minivan was struck head-on on Aug. 10.
The measure would add up to 10 years in prison and or $5,000 in fines for aggravated assault, gross negligent vehicle operation and operating a vehicle under the influence of alcohol or drugs if a pregnant woman is injured. The current penalties for those crimes, with injury resulting, are a total maximum of 45 years and or $40,000.
Blair said she doesn't think the bill goes far enough.
She said she thinks the driver of the car that hit hers should be held accountable for the deaths of the fetuses.
"There was a criminal act that led to the death of my children," she said.
Blair would support a so-called fetal homicide law, which Sen. Vincent Illuzzi, R-Essex-Orleans is considering as an amendment or a separate bill. Such a proposal would allow a homicide charge in the death of a fetus but would exempt abortions, Illuzzi said.
"If this was a debate about pro-life or pro-choice, I wouldn't be involved in it. I see this strictly as a law enforcement issue," Illuzzi said.
At least 37 states have fetal homicide laws, according to the National Conference of State Legislatures.
The other driver in the Aug. 10 wreck, 22-year-old Kelly Cook, of Pownal, has pleaded not guilty to charges including driving under the influence of a drug with injury resulting.
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