71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session

NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 2198

House Bill 2769
Sponsored by Representative CLOSE; Representatives MINNIS, WITT, Senator R BEYER, at the request of Oregon Right to Life
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Provides that criminal homicide and assault may be committed against unborn child. Creates affirmative defense to criminal homicide or assault when unborn child is victim if death or injury is caused by mother, medical procedure or medication.

A BILL FOR AN ACT
Relating to criminal offenses against unborn children; creating new provisions; and amending ORS 163.005. Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 163.005 is amended to read: 163.005. (1) A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another human being. (2) 'Criminal homicide' is murder, manslaughter or criminally negligent homicide. (3) 'Human being' means { + : (a) An unborn child at every stage of gestation beginning with fertilization; and (b) + } A person who has been born and was alive at the time of the criminal act.

SECTION 2. { + For purposes of ORS 163.160 (1), 163.165, 163.175 and 163.185, the terms 'another' and 'child' include, but are not limited to, an unborn child at every stage of gestation beginning with fertilization. + }

SECTION 3. { + It is an affirmative defense to a charge of violating ORS 163.095, 163.115, 163.118, 163.125, 163.145, 163.160, 163.165, 163.175 or 163.185 that the death is of, or the injury is to, an unborn child and the death or injury is caused by: (1) An act of the mother of the unborn child; (2) A medical procedure performed by a licensed medical professional at the request of the mother of the unborn child or the mother's legal guardian; or (3) The lawful dispensation or administration of medication. + }


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