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REFERENCE TITLE: unborn children; homicide; assault; jurisdiction. |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2706 |
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Introduced by Representatives McGarr: Parker B
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An Act
amending section 12-611, Arizona Revised Statutes; amending title 13, chapter 1, Arizona Revised Statutes, by adding section 13-112; amending sections 13-412, 13-1101, 13-1102, 13-1103, 13-1104 and 13-1105, Arizona Revised Statutes; amending title 13, chapter 11, Arizona Revised Statutes, by adding section 13-1106; amending title 13, chapter 12, Arizona Revised Statutes, by adding sections 13-1217 and 13-1218; relating to unborn children.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-611, Arizona Revised Statutes, is amended to read:
12-611. Liability; definition
A. When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter.
B. For the purposes of this section, "person" includes a living human unborn child at every stage of development from fertilization until birth.
Sec. 2. Title 13, chapter 1, Arizona Revised Statutes, is amended by adding section 13-112, to read:
13-112. Immunity for accidental or unintentional injury to or death of unborn child
A person may not be charged with a VIOLATION OF THIS TITLE FOR medical care or treatment that is provided with the requisite consent by a licensed physician to avert the death of a pregnant female if the medical care or treatment results in the accidental or unintentional injury to or death of the pregnant female's unborn child and all reasonable alternatives to save the life of the unborn child were attempted or none were available.
Sec. 3. Section 13-412, Arizona Revised Statutes, is amended to read:
13-412. Duress
A. Conduct which that would otherwise constitute an offense is justified if a reasonable person would believe that he was compelled to engage in the proscribed conduct by the threat or use of immediate physical force against his person or the person of another which that resulted or could result in serious physical injury which that a reasonable person in the situation would not have resisted.
B. The defense provided by subsection A of this section is unavailable if the person intentionally, knowingly or recklessly placed himself in a situation in which it was probable that he would be subjected to duress.
C. The defense provided by subsection A of this section is unavailable for offenses involving homicide or serious physical injury unless the victim is an unborn child and the defendant is the unborn child's mother.
Sec. 4. Section 13-1101, Arizona Revised Statutes, is amended to read:
13-1101. Definitions
In this chapter, unless the context otherwise requires:
4. 1. "Adequate provocation" means conduct or circumstances sufficient to deprive a reasonable person of self-control.
2. "Homicide" means first degree murder, second degree murder, manslaughter or negligent homicide.
3. "Person" means a human being, including a living human unborn child at every stage of development from fertilization until birth.
1. 4. "Premeditation" means that the defendant acts with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by any length of time to permit reflection. Proof of actual reflection is not required, but an act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion.
Sec. 5. Section 13-1102, Arizona Revised Statutes, is amended to read:
13-1102. Negligent homicide; classification
A. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.
B. An offense under this section applies to an unborn child in the womb at any stage of its the unborn child's development. A person may not be prosecuted under this section if any of the following applies:
1. The person was performing 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 the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.
3. The person was the unborn child's mother.
C. Negligent homicide is a class 4 felony.
Sec. 6. Section 13-1103, Arizona Revised Statutes, is amended to read:
13-1103. Manslaughter; classification
A. A person commits manslaughter by doing any of the following:
1. Recklessly causing the death of another person.
2. Committing second degree murder as prescribed in section 13-1104, subsection A on a sudden quarrel or heat of passion resulting from adequate provocation by the victim.
3. Intentionally providing the physical means that another person uses to die by suicide, with the knowledge that the person intends to die by suicide.
4. Committing second degree murder as prescribed 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 on the person or a third person that a reasonable person in his situation would have been unable to resist.
5. Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.
B. A person who is at least eighteen years of age commits manslaughter by intentionally providing advice or encouragement that a minor uses to die by suicide with the knowledge that the minor intends to die by suicide.
C. An offense under subsection A, paragraph 5 of this section applies to an unborn child in the womb at any stage of its the unborn child's development. A person shall not be prosecuted under subsection A, paragraph 5 of this section if any of the following applies:
1. The person was performing 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 the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.
3. The person was the unborn child's mother.
D. Manslaughter is a class 2 felony.
Sec. 7. Section 13-1104, Arizona Revised Statutes, is amended to read:
13-1104. Second degree murder; classification
A. A person commits second degree murder if, without premeditation, the person does aNY OF THE FOLLOWING:
1. The person Intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child. ; or
2. Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child. ; or
3. Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.
B. An offense under this section applies to an unborn child in the womb at any stage of its the unborn child's development. A person may not be prosecuted under this section if any of the following applies:
1. The person was performing 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 the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.
3. The person was the unborn child's mother.
C. Second degree murder is a class 1 felony and is punishable as provided by section 13-705 if the victim is under fifteen years of age or is an unborn child, section 13-706, subsection A or section 13-710.
Sec. 8. Section 13-1105, Arizona Revised Statutes, is amended to read:
13-1105. First degree murder; classification
A. A person commits first degree murder if any of the following applies:
1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.
2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, molestation of a child under section 13-1410, terrorism under section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under section 13-3409, drive by shooting under section 13-1209, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903 or 13-1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection A, paragraph 1 or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and, in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.
3. Intending or knowing that the person's conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.
B. Homicide, as prescribed in subsection A, paragraph 2 of this section, requires no specific mental state other than what is required for the commission of any of the enumerated felonies.
C. An offense under subsection A, paragraph 1 of this section applies to an unborn child in the womb at any stage of its the unborn child's development. A person shall not be prosecuted under subsection A, paragraph 1 of this section if any of the following applies:
1. The person was performing 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 the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.
3. The person was the unborn child's mother.
D. First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by sections 13-751 and 13-752.
Sec. 9. Title 13, chapter 11, Arizona Revised Statutes, is amended by adding section 13-1106, to read:
13-1106. Concurrent jurisdiction; homicide of unborn child
The attorney general and the county attorney have concurrent jurisdiction to prosecute violations of this chapter if the victim is an unborn child.
Sec. 10. Title 13, chapter 12, Arizona Revised Statutes, is amended by adding sections 13-1217 and 13-1218, to read:
13-1217. Definition of unborn child
In this chapter, "person" includes a living human unborn child at every stage of development from fertilization until birth.
13-1218. Concurrent jurisdiction; assault of unborn child
The attorney general and the county attorney have concurrent jurisdiction to prosecute violations of this chapter if the victim is an unborn child.
Sec. 11. Intent
The Legislature intends to:
1. Acknowledge the sanctity of innocent human life that is created in the image of God.
2. Apply the protections contained in section 1-219, Arizona Revised Statutes, to all unborn children at every stage of development in this state.
3. Follow the Constitution of the United States, which requires that "no state . . . shall deny to any person within its jurisdiction the equal protection of the laws."
4. Fulfill the equal protection requirement by protecting the lives of preborn persons with the same criminal and civil laws that protect the lives of born persons by repealing provisions of law that permit wilful prenatal homicide or assault.
5. Ensure that any person who is potentially subject to a violation of a law that involves the homicide or assault of an unborn child is entitled to due process protections, including the same or greater presumptions, defenses, justifications, laws of parties, immunities and clemencies as would apply to the homicide or assault of a person who had been born alive.
6. Abolish abortion in this state.
Sec. 12. Applicability
Pursuant to article II, section 25, Constitution of Arizona, this act applies only to conduct that occurs after the effective date of this act and does not affect any rights and duties that matured and proceedings that began before the effective date of this act.
Sec. 13. Short title
This act may be cited as the "Abolition of Abortion in Arizona Act".
Sec. 14. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.