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Coverage for unborn children up in air

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Lawmakers failed to act on a bill that would have amended Indiana's child wrongful death statute to cover unborn children, thus defeating it for this legislative session in its current form.

Authored by Sen. Vaneta Becker, R-Evansville, Senate Bill 341 would have expanded the state statute on civil wrongful death claims to include fetuses that otherwise would have been considered "viable," or about the seven-month stage of pregnancy.

Becker has repeatedly sought this change since 2002, when the Indiana Supreme Court decided Bolin v. Wingert, 764 N.E. 2d 201 (Ind. 2002), and changed the scope of the state's Child Wrongful Death Act as it applies to unborn children. Justices determined that a 10-week-old fetus didn't fit the definition of "child" because the legislature that drafted the statute in 1881 only intended for babies born alive to be covered.

With this 2009 legislation, the Senate had voted 47-2 in favor of it in February and the bill made it through committee on the House side, but then it stalled before the full House when an amendment attempted to change its scope. The original bill would have covered any "viable" fetuses, but three separate amendments in recent weeks all pushed to include any "child in utero" - defined as a fetus at any stage of development who is carried in the womb. Those offering amendments were Sens. Tim Brown, R-Crawfordsville; Wes Culver, R-Goshen; and David Yarde, R-Garrett. Yarde also offered changes to include abortion language such as what isn't covered and what doctors must inform women about those procedures.

None of those senators' proposed changes were adopted, and the House sponsors Reps. Peggy Welch, D-Bloomington, and Trent VanHaaften, D-Mt. Vernon, withdrew the bill three times, most recently on Tuesday. SB 341 wasn't on the calendar for the deadline day Wednesday and is effectively dead in its current form. Neither Becker, Welch, nor VanHaaften could be immediately reached today for comment on the legislation.

However, that inaction comes as the General Assembly is passing similar language relating to criminal law coverage of unborn children. On April 6, the House voted 96-0 in favor of Senate Bill 236 increasing the penalty for fetal homicide relating to unborn children at any stage of development. That bill enhances the criminal feticide penalty from the current two- to six-year term to a six- to 20-year penalty, and also allows for an additional six- to 20-year prison term for anyone convicted of murder or attempted murder if they cause pregnancy loss. That bill has returned to the Senate for considerations of an amendment replacing references to the death of a child in utero with new language referring to the termination of a human pregnancy, matching existing language in the state's feticide law.

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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