A bill for an act relating to the treatment of an unborn child for the purposes of damages for wrongful death, the defense of compulsion, homicide and related crimes, and assault, making penalties applicable, and including effective date and applicability provisions.

2025-2026 Regular Session Introduced by Mark Cisneros and 6 co-sponsors

Bill HF 453 allows unborn children to be recognized as victims in wrongful death and homicide cases, enabling legal protections and claims for their deaths.

Introduced, referred to Judiciary.

#assault #homicide #pregnancy #wrongfuldeath

Summary of Bill HF 453

Bill Number: HF 453
Title: A bill for an act relating to the treatment of an unborn child for the purposes of damages for wrongful death, the defense of compulsion, homicide and related crimes, and assault, making penalties applicable, and including effective date and applicability provisions.
Status: Introduced, referred to Judiciary
Introduced Date: February 18, 2025
Classification: Bill
Subject Areas: Assault, Homicide, Pregnancy, Wrongful Death

Purpose and Intent

Bill HF 453 aims to redefine the legal status of unborn children in relation to various criminal and civil law contexts. The bill seeks to ensure that unborn children are recognized as victims in cases of wrongful death and certain crimes, thereby allowing for specific legal protections and remedies.

Key Provisions

Wrongful Death Damages:

The bill amends Code section 633.336 to include unborn children in the definition of "child" for wrongful death claims. This means that damages can be sought for the wrongful death of an unborn child, defined as an individual organism of the species Homo sapiens from fertilization until fetal death or live birth.

Insanity Defense:

Modifications to Code section 701.4 will allow a pregnant woman to be exempt from criminal conviction if she is suffering from a mental condition that impairs her ability to understand her actions concerning her unborn child.

Compulsion Defense:

Changes to Code section 704.10 will establish that acts committed by a pregnant woman in relation to her unborn child, under compulsion from threats or imminent harm, will not be considered public offenses, provided the act does not intentionally or recklessly cause physical injury to another.

Recognition of Unborn Child as Victim:

The bill introduces a new Code section 707.1A, which states that for the purposes of homicide and related crimes, an unborn child is recognized as a "person" when the unborn child is the victim. This provision ensures that prosecutions involving crimes against unborn children are afforded the same legal protections as those involving living persons.

Impact

Legal Recognition: The bill would significantly alter the legal landscape regarding the rights of unborn children, allowing for wrongful death claims and recognizing them as victims in homicide cases.

Affected Parties: The legislation would primarily affect pregnant women, legal practitioners, and families seeking justice for the loss of an unborn child. It may also impact law enforcement and judicial proceedings related to homicide and assault cases involving unborn victims.

Potential Legal Consequences: The bill could lead to increased legal actions for wrongful death claims and may influence how defenses are structured in cases involving pregnant women.

Procedural Aspects

The bill was introduced on February 18, 2025, and has been referred to the Judiciary Committee for further consideration. The timeline for further legislative action has yet to be established.

This summary provides an overview of Bill HF 453, highlighting its intent, key provisions, and potential implications for the legal treatment of unborn children in the context of wrongful death and criminal law.