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Senate approves amendments to criminal-homicide statute addressing abortion-related acts after heated debate

Utah State Senate · February 18, 2010
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Summary

The Utah Senate passed House Bill 12, which creates criminal liability for a woman who intentionally or knowingly seeks to terminate a pregnancy outside sanctioned procedures; senators debated potential unintended consequences for domestic-violence victims and rejected an amendment to remove a 'reckless' standard.

The Utah Senate passed House Bill 12 after extended debate over whether the measure could expose domestic-violence victims to prosecution.

Senator Sarah Dayton, sponsor of HB 12, told colleagues the bill was drafted in response to a Vernal case and is intended to place criminal liability on a woman who "intentionally, knowingly and recklessly" seeks to terminate a pregnancy through means other than approved medical procedures. Dayton moved final passage after senators debated the measure.

Senator Luz Robles and others warned the bill could sweep too broadly. Robles said domestic-violence victims might be prosecuted if injuries inflicted by an abuser lead to a miscarriage and argued for protections for victims. Senator McAdams moved an amendment to add or retain "criminally negligent" and to remove the "reckless" standard, arguing that removing "reckless" would avoid "a Pandora’s box" of unintended prosecutions; that amendment failed on a recorded voice vote.

Senator Romero said the proposed amendment provided clarity but did not alter the bill’s overall purpose; Senator Dayton opposed additional changes, saying the bill targets "people who arrange to have somebody beat them up for the purpose of an abortion." Several senators explained their votes on the floor. Senator Robles announced she would vote no, citing concerns for victims of domestic violence.

On final passage the Senate recorded 24 yea votes, 4 nay votes and 1 absence. The bill was signed by the President in open session and will be returned to the House for further action.

The Senate’s discussion focused on drafting precision and the narrower set of acts the sponsor said the measure targets; no change to the statute was made to add an explicit domestic-violence exception on the floor. The next procedural step is transmission of the Senate’s action to the House.