Committee hears bill to repeal "concealing birth" crime, limit coroner jurisdiction and require reporting of pregnancy loss in detention

The Law & Justice Committee heard public testimony Jan. 20 on Senate Bill 5093, a proposal lawmakers described as protecting the dignity of people who experience pregnancy loss by removing outdated criminal penalties and limiting routine coroner inquiries into known or suspected abortions, premature births or stillbirths.

Senator (Chair) Dhingra, the bill’s prime sponsor, said the measure would "repeal the crime of concealing birth" — a gross misdemeanor created in 1909 that is rarely used in Washington but has been used in other states to criminalize people after pregnancy loss. The bill would also remove routine coroner and medical examiner jurisdiction for deaths resulting from known or suspected abortions or stillbirths and instead preserve coroners’ authority to investigate deaths that appear unnatural, violent, unlawful, suspicious, or are otherwise the subject of concern.

The bill would additionally require all public and private detention facilities to annually report to the Department of Health the number of people who experience miscarriage, stillbirth or perinatal loss while confined; the Department of Health must compile an annual report to the Legislature.

Supporters said the change prevents retraumatizing grieving patients with criminal investigations, protects access to medical care, and addresses disparities in pregnancy loss. Sarah Ainsworth of If/When/How testified that criminal investigations compound harm and said the bill reduces the chance an antiquated law will be misused. Medical witnesses described miscarriage and stillbirth as common and stigmatizing, noting many patients may refrain from seeking care if worried about criminal investigation. Witnesses also highlighted racial disparities: testimony cited higher stillbirth rates among Black, Indigenous, and Pacific Islander families in Washington.

Opponents urged caution, arguing the bill could remove investigative authority in cases that implicate unlawful conduct. Theresa Schrempp testified in opposition, citing concern that removing coroner jurisdiction could impede inquiries into illegal late-term abortions or deaths caused by violence.

Committee members pressed witnesses on procedural questions: staff and testifiers explained existing death-reporting channels to vital statistics, the definition and reporting process for fetal deaths (e.g., fetal death at 20+ weeks gestation under the vital-statistics code), and that coroners retain authority to investigate suspicious deaths. The public hearing concluded with the bill remaining in committee; no vote was taken.