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------------------------------------------------------------------------------------------ ¦ REFERENCE TITLE: protection of unborn children ¦ ------------------------------------------------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ Senate ¦ ¦ Forty-seventh Legislature ¦ ¦ First Regular Session ¦ ¦ 2005 ¦ ¦ ¦ ------------------------------------------------------------------------------------------ ¦ SB 1052 ¦ ------------------------------------------------------------------------------------------ ¦ Introduced by ¦ ¦ Senators Jarrett, Bee, Flake, Gray, Johnson, Martin; Representatives Anderson, Barnes, ¦ ¦ Chase, Gray C, Murphy, Stump, Yarbrough: Senators Bennett, Tibshraeny, Verschoor; ¦ ¦ Representatives Boone, McComish, Paton, Quelland ¦ ------------------------------------------------------------------------------------------
AN ACT
AMENDING SECTION 13-1103, ARIZONA REVISED STATUTES; AMENDING TITLE 13, CHAPTER 36, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-3626; RELATING TO THE PROTECTION OF UNBORN CHILDREN.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1103, Arizona Revised Statutes, is amended to read:
13-1103. Manslaughter; classification
A. A person commits manslaughter by:
1. Recklessly causing the death of another person; or
2. Committing second degree murder as defined in section 13-1104, subsection A upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim; or
3. Intentionally aiding another to commit suicide; or
4. Committing second degree murder as defined in section 13-1104, subsection A, paragraph 3, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force upon such person or a third person which a reasonable person in his situation would have been unable to resist; or
5. Knowingly or recklessly causing the death of an unborn child at any stage of
its development by any physical injury to the mother of such child which would be murder
if the death of the mother had occurred.
B. Manslaughter is a class 2 felony.
Sec. 2. Title 13, chapter 36, Arizona Revised Statutes, is amended by adding section 13-3626, to read:
13-3626. Death or bodily injury to unborn children; classification; definition
A. A PERSON WHO VIOLATES SECTION 13-1102, 13-1103, 13-1104, 13-1105, 13-1203, 13-1204, 13-1209, 13-1304, 13-1406, 13-1406.01, 13-3601 OR 13-3601.02 AND WHO THEREBY CAUSES THE DEATH OF OR BODILY INJURY TO AN UNBORN CHILD IS GUILTY OF THE SAME CLASSIFICATION THAT IS PRESCRIBED IN THE SECTION OF THIS TITLE IN WHICH THE OFFENSE IS CLASSIFIED AS IF THE INJURY OR DEATH HAD OCCURRED TO THE UNBORN CHILD'S MOTHER.
B. AN OFFENSE UNDER THIS SECTION DOES NOT REQUIRE PROOF THAT THE DEFENDANT EITHER:
1. KNEW OR SHOULD HAVE KNOWN THAT THE VICTIM OF THE UNDERLYING OFFENSE WAS PREGNANT.
2. INTENDED TO CAUSE THE DEATH OF OR BODILY INJURY TO THE UNBORN CHILD.
C. NOTWITHSTANDING SUBSECTIONS A AND B OF THIS SECTION, IF A PERSON INTENTIONALLY KILLS OR ATTEMPTS TO KILL AN UNBORN CHILD, THE PERSON SHALL BE PUNISHED PURSUANT TO CHAPTER 11 OF THIS TITLE.
D. THIS SECTION DOES NOT PERMIT THE PROSECUTION OF ANY OF THE FOLLOWING:
1. A PERSON FOR CONDUCT RELATING TO AN ABORTION FOR WHICH THE CONSENT OF THE PREGNANT WOMAN, OR A PERSON AUTHORIZED BY LAW TO ACT ON THE PREGNANT WOMAN'S BEHALF, HAS BEEN OBTAINED OR FOR WHICH SUCH CONSENT IS IMPLIED BY LAW.
2. A PERSON FOR ANY MEDICAL TREATMENT OF THE PREGNANT WOMAN OR THE PREGNANT WOMAN'S UNBORN CHILD.
3. A WOMAN WITH RESPECT TO HER UNBORN CHILD.
E. FOR THE PURPOSES OF THIS SECTION, "UNBORN CHILD" MEANS AN UNBORN CHILD AT ANY STAGE OF ITS DEVELOPMENT.